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Terms of Use

WEBSITE TERMS OF USE


The http://www.drsulaimanalhabib.com and http://www.HMG.com.sa websites (together the "Websites") whether accessed by personal computers, laptops, tablets, mobile or handheld devices are operated by Dr Sulaiman Al Habib Medical Group (HMG, we, us, our), and Terms of Use apply to the visitors and users (you, your) of the Websites, and their use and access of the products, services, Content (as defined below), tools, and information on the Sites. By using or accessing the Websites, you agree to these Website Terms of Use.
You may also access the Websites through our Dr. ALHABIB App. In order to do so, you may download the App and you must additionally agree to the terms of the App User Agreement.
We may at any time vary the Website Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Websites, by publishing the varied Website Terms of Use on the Websites. We will indicate on the Websites that these Website Terms of Use have changed.  You accept that by doing this, we will have provided you with sufficient notice of the variation to the Website Terms of Use. By using the Websites after any variation to these Website Terms of Use, you have indicated your acceptance to the then current Website Terms of Use.
In these Website Terms of Use, we will refer to the both the Website and the App as the "Sites."
1    USE OF SITES
     1.1    The Sites are primarily provided to:
     a)    facilitate access to information about health care services provided by HMG; and
     b)    enable enquiries, appointments and payments to be made through the Sites;
     c)    enable us to communicate with you regarding the services that we provide;
at various locations in the Kingdom of Saudi Arabia (KSA), Kingdom of Bahrain (Bahrain) and the United Arab Emirates (UAE),
     1.2    The Sites are intended only for your personal use. Unless otherwise specified, you alone are solely responsible for determining whether any feature of the Sites is appropriate or suitable for your requirements.
2    NO WARRANTIES
     2.1    We do not warrant, represent or undertake that:
      a)    the Sites will meet your needs, or that they will be uninterrupted, timely, secure, error-free or free from viruses;
     b)    the information obtained from or available on the Sites will be accurate or reliable, or that the quality of any information, services or other material purchased or obtained by you through your use of the Sites will meet your expectations; or
     c)    content descriptions, photographs or videos made available on the Sites including but not limited to those relating to the health care services provided by HMG are accurate.
     2.2    All warranties expressed or implied by law, except those that cannot be lawfully excluded, are excluded.


3    SUBMISSION OF CONTENT
     3.1    You shall be solely responsible for the Content you post, cause to be posted, link or otherwise make available on or through the Sites and the consequences of making available any such Content on the Sites.
     3.2    By submitting any message, data, information, text, music, sound, photos, graphics, code or any other material (Content) to the Sites by electronic mail, postings on the Sites or otherwise or causing to be submitted any Content to the Sites (Submissions), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
     a)    use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised and for any purpose, including, without limitation, in advertising programmes and promotions for the Sites; and
     b)    use the name that you submit in connection with such Submission. You also grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use provided that we shall be under no obligation to do so. You acknowledge and agree that all Submissions are non-confidential and non-proprietary.
You agree to do all things and execute all documents required to allow us to take full advantage of the rights granted to us by this clause.
     3.3    You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Sites any:
     a)    Content that is false, misleading, erroneous or is otherwise likely to cause confusion to users of the Sites;    
    b)    Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
     c)    Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;
     d)    Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
     e)    Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
     f)       political campaigning, contests, raffles, or solicitations not in accordance with these Terms of Use;
     g)    private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses and credit card numbers;
     h)    viruses, corrupted data or other harmful, disruptive or destructive files;
     i)    Content that is unrelated to the purpose of the Sites; or
     j)    Content or links to Content that, in our sole judgement, either:

          i.    violates any of the above;
          ii.    is objectionable;
          iii.    suggests any form of association, approval or endorsement on our part where none exists;
          iv.    which restricts or inhibits any other person from using or enjoying the Sites; or
          v.    exposes (or may expose) us, any of our affiliates or other users of the Sites to any harm or liability of any type.


3.4    The Sites may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews, comments or other Content, messages, materials or other items on the Sites (Interactive Areas). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and all use of them is at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any:
     a)    Content that is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
     b)    Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;
     c)    Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;
     d)    Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
     e)    unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
     f)       private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
     g)    viruses, corrupted data or other harmful, disruptive or destructive files;
     h)    Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
     i)       Content or links to Content that, in our sole judgement, either:
          i.    violates any of the above;
          ii.    is objectionable;
          iii.    suggests any form of association, approval or endorsement on our part where none exists;
          iv.    which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites; or
          v.    exposes (or may expose) us, any of our affiliates, or other users of the Sites to any harm or liability of any type.


3.5    We take no responsibility and assume no liability for any Content posted, stored or uploaded onto the Interactive Areas by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in the Interactive Areas. We are not liable for any statements, representations or Content provided by users of the Sites in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we may, in our absolute discretion, remove, screen or edit without notice any Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Sites at your sole cost and expense.


3.6    If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:
     a)    you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
     b)    you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our affiliates, licensees, successors and assigns;
     c)    you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
     d)    you forever release us and our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.


3.7    Your use of the Interactive Areas or other parts of the Sites in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, summons or court orders, to protect other users of the Sites, our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your user profile information (i.e. name, email address, etc.), IP address and traffic information, usage history, and Content submitted to this Sites.


4    APPOINTMENT BOOKING CONDITIONS
4.1    The Sites must not be used for speculative, false or fraudulent appointment bookings. You warrant, represent and undertake that all information you provide about yourself and about anyone else is true and accurate when you are providing information to make an appointment.
4.2    Appointment bookings can only be made through the Sites for selected HMG hospitals and clinics, to be determined at our sole discretion.
4.3    Once the appointment booking has been made through the Site, you will be required to confirm your appointment through the Sites or by phone or in person at least twenty four (24) hours prior to the appointment.
4.4    For those HMG hospitals and clinics for which appointment bookings through the Sites are not permitted, you shall be required to book an appointment by phone or in person.  Appointment bookings will not be permitted through the Sites for HMG Dental clinics.  
4.5    You must register in accordance with the terms outlined in clause 13 in order to be able to make appointment bookings through the Sites.
4.6    In using the Sites, you shall only be entitled to:
     a)    book an appointment at an HMG hospital or clinic in which you have been registered as a patient;
     b)    book one appointment at any given time; and  
     c)    book one appointment at any given clinic,
for the avoidance of doubt, you shall be required to cancel or reschedule a confirmed appointment by phone or in person.
4.7    We reserve the right to disable your ability to book appointments through the Sites for a period the duration of which is at sole discretion in the following circumstances:
     a)    you fail to attend three (3) appointments booked and confirmed through the Sites; or
     b)    we determine at our sole discretion to do so for whatever reason.


5    ONLINE ENQUIRY CONDITIONS
5.1    You shall be entitled to communicate your enquiries to doctors through the Sites should you have visited a HMG hospital or clinic within the last 30 days. The enquiry must be submitted to the doctor with whom you had you appointment. For enquiries that are not directed towards doctors, you can submit them through the Sites without any time limitation
5.2    In using the Sites, you shall only be entitled to:
     a)    submit the enquiry to the doctor with whom you had your appointment within the last 30 days; and
     b)    only make one doctor enquiry in any twenty-four (24) hour period.

5.3    A response to enquiries made through the Sites is not guaranteed and is subject to doctor availability.  Responses to enquiries will be subject to the doctor's sole discretion.  
5.4    Any response to enquiries made through the Sites which include details concerning, amongst other things, prescriptions, lab results and radiology reports should not be considered as final and should be verified and stamped by the relevant medical office.
5.5    We reserve the right to disable your ability to make enquiries through the Sites for a period the duration of which is at sole discretion in the following circumstances:
     a)    you fail to attend three (3) appointments booked and confirmed through the Sites; or
     b)    we determine at our sole discretion to do so for whatever reason.


6    PURCHASE CONDITIONS
6.1    The Sites must not be used for speculative, false or fraudulent purchases. You warrant, represent and undertake that all information you provide about yourself and about anyone else is true and accurate when you are making payments to the Sites.
6.2    Services purchased through the Sites as a result of visits to the Sites made by you will be subject to the policy that applies to the particular services purchased by you (Policy).  In the event of any discrepancy between these Terms of Use and the relevant Policy, the terms of the Policy will prevail, but only to the extent of the inconsistency.


7    PRICING AND AVAILABILITY
7.1    Unless otherwise expressly stated, all prices on the Sites are exclusive of all applicable taxes and surcharges. All prices are expressed to be in Saudi riyals or in US dollars.
7.2    Prices and availability stated on the Sites are subject to change at any time until your online purchase has been confirmed and your payment has been processed. While we will endeavour to ensure that the information on the Sites is as accurate and as up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information that is made available on the Sites.
7.3    Special offers may be advertised on the Sites at any time. Special offers are not applicable to any transactions that have already been confirmed.


8    PAYMENT
8.1    We accept the following methods of payment:
     a)    direct debit bank transfers in accordance with the provisions of clause 8.2 below; and
     b)    credit card payments in accordance with the provisions of clauses 8.3, 8.4 and 8.5 below.
8.2    All payments made by direct debit bank transfer should be made to respective bank account that will be shown along with your purchasing activity.
8.3    We accept all major international credit and debit cards (each a Card). Your Card will be debited when you click the 'confirm payment' button.
8.4    Please supply us with the correct Card billing and cardholder information (Payment Information). If you do not supply the correct Payment Information, purchases made through the Sites may be delayed. We reserve the right to cancel purchases made through the Sites if payment is declined or if you have supplied incorrect Payment Information.
8.5    We may incur charges when a booking is made through the Sites using a Card. We reserve the right to pass on to you, in full, any changes incurred by us in connection with any purchase made through the Sites by you using a Card. We will let you know of any applicable charges prior to you clicking the 'confirm payment' button.
8.6    We may outsource payment processing to a third party provider. We will not be liable to you or anyone else for any loss resulting from an act or omission of a third party payment provider.


9    THIRD PARTY COMPANIES, GOODS, PRODUCTS AND MATERIAL
9.1    The Sites may contain links to:
     a)    websites which are owned or operated by third parties independent of us (Third Party Companies); or
     b)    materials which have been created by third parties independent of us (Third Party Material).
We make no representations or endorsements in relation to any Third Party Companies or Third Party Material, and we are not responsible or liable for the same. Your use of Third Party Companies and your use of and access to Third Party Material is entirely at your own risk.
9.2    Links to Third Party Companies or Third Party Material on the Sites do not imply any endorsement, verification or approval of those Third Party Companies or Third Party Material.
9.3    Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever:
     a)    regarding the suitability, quality, accuracy, merchantability or fitness for purpose of any Third Party Material, or products or services available through Third Party Companies; or
       b)    that Third Party Material does not infringe the intellectual property rights of any person.
We are not, by providing links on the Sites to Third Party Companies or Third Party Material, approving, verifying or authorising in any way the reproduction of Third Party Material, or endorsing the products and services of the Third Party Companies.
9.4    Third Party Companies  and Service providers are independent contractors and are not agents or employees of us.


10    PROHIBITED USES
10.1    You must not use the Sites in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers. You must not use the Sites in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Sites or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws.
10.2    You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.  You must not attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
10.3    We will report a breach of clause ‎10.2 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Sites will cease immediately.  
10.4    You agree that you will not (either yourself or through any third party):
     a)    use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Sites, or any of the information, Content or data contained within or accessible through the Sites, without our prior written permission;
     b)    use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Sites with information, Content or data accessible via or sourced from any third party;
     c)    use any Automated Process to interfere or attempt to interfere with the proper workings of the Sites or any transaction or process being conducted on or through it;
     d)    take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Sites;
    e)    reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Sites; or
     f)       copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Sites without our prior written permission.

11    MEANS OF ACCESS
11.1    You use the Sites entirely at your own risk.
11.2    You must not access the Sites through devices or services that are designed to provide high-speed, automated, repeated access.
11.3    Certain parts of the Sites are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Sites, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.


12    ELIGIBILITY AND REGISTRATION
12.1    In order to access the Sites, you must satisfy the minimum age requirement of [18] years (measured according to the Gregorian calendar) and have full legal capacity.  
12.2    Any person under the age of 18 years (measured according to the Gregorian calendar) accessing the Sites must have permission from their parent or guardian to do so.
12.3    You warrant, represent and undertake that you possess the legal right and ability to access the Sites in accordance with these Terms of Use and, where relevant, to make bookings and payments through the Sites.


13    ONLINE ACCESS
13.1    In order to make use of certain parts of the Sites, you will need to
     a)    enter your credentials (registered National ID and Mobile number); and
     b)    enter the onetime PIN code that you will receive to your registered mobile number).
13.2    In order to obtain full access to the Sites, you must:
     a)    satisfy the minimum age requirement of 18 years (measured according to the Gregorian calendar);
     b)    provide us with complete and accurate registration information;
     c)    ensure your use of the Sites is in accordance with these Terms of Use and any applicable laws;
     d)    enter your  national ID card number; and
     e)    enter your mobile telephone number to receive  a confidential  PIN code via SMS.
13.3    By using the Sites you warrant, represent and undertake that:
     a)    you meet the minimum age requirement;
     b)    you have given complete and accurate registration information, and will keep that information updated;
     c)    you have authorised us to execute all instructions and transactions on your behalf in relation to your  use of the Sites; and
     d)    your use of the Sites will not violate these Terms of Use or breach any applicable laws.
13.4    We reserve the right to:
     a)    reject or revoke, for whatever reason and at our sole discretion, your request to access the Sites or to freeze access to the Sites ; and
     b)    use your registered information for analysis purposes without your prior authorisation in accordance with these Website Terms of Use.
13.5    In order to use the Sites, you will require access to the Internet. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the Internet (including a computer and modem or other access device).


14    PASSWORD SECURITY AND NOTIFICATION
14.1    You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Sites. Accordingly, you must take steps to protect the confidentiality of your Log-In Details.
14.2     You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.


15    OTHER FEATURES
15.1    The Sites may contain or make available various tools, software programs, games or other features.
15.2    Whilst we have undertaken and will take reasonable steps to ensure that any such features or information as described above are accurate and free from defect and viruses, to the extent permitted by law, we do not warrant, represent or undertake the availability, accuracy, adequacy, correctness or completeness of these features nor that they are defect or virus free. These features are provided on an “as is” basis.


16    LINKS TO THE SITE
16.1    You must not establish a link from any website that you do not own.
16.2    Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page.  We reserve the right to withdraw linking permission without notice.


17    LINKS FROM THE SITE
Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


18    LIMITATION OF LIABILITY
18.1    Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Companies or your access to the Sites, however caused, whether in contract, tort (including negligence), statute or otherwise. For the avoidance of doubt, we will not be liable for any shortfall, inaccuracy, imperfection, unavailability or delay attributed to or associated with the types of data outlined in clause 5.4
18.2    We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, Royal demise or action of government.


19    INDEMNITY
You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms of Use. Where you use the Sites inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.


20    AVAILABILITY OF THE SITE
20.1    As electronic services are subject to interruption or breakdown, access to the Sites is offered on an “as is” and “as available” basis only.
20.2    We may, at our sole discretion, impose limits or restrictions on the use you may make of the Sites. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Sites or your access to the Sites, at any time and without notice to you.


21    PRIVACY
21.1    Your privacy and security is very important to us. Data (as defined in clause 21.2) is collected and used by the Sites, the Interactive Areas and other online services.  We take our responsibilities in respect of your privacy in each jurisdiction in which we operate seriously. We comply with our obligations under the applicable and relevant data protections laws in each such jurisdiction including as set out in the UAE under the DHCC Health Data Protection Regulation No.(7) of 2013 (as may be in force from time to time). Your agreement to these Website Terms of Use and to the App User Agreement (where relevant) constitutes your express consent to the use that may be made of the Data as set out in these Website Terms of Use and the App User Agreement.
21.2    We may collect process and retain the following types of information about you (which will be referred to as Data in these Terms of Use) from the Sites including:
     a)    information which is able to personally identify you and which may be provided by you at the time of voluntary registration for the services offered by us or gathered through your use of the Sites (including when you make enquiries through the Sites (Personal Information); and
     b)    information which we consider to be Sensitive Personal Information concerning, including or relating to your health and which may include information:
          i)    about your individual health, including your medical history;
          ii)    about any disabilities that you may have or have had;
          iii)    about any healthcare services that are being provided, or have been provided, to you;
          iv)    provided by you in connection with the donation, by you of any body part or any bodily substance, or derived from the testing or examination of any body part, or any bodily substance of you; or
          v)    about you which is collected before, or in the course of, and incidental to, the provision of any healthcare services.
21.3    We use your Personal Information as necessary for us to provide services to you, to carry out the transactions you have requested or to operate the Sites. We may use such Personal Information to:
     a)    track traffic patterns to and from the Sites (and which may include retaining details of your IP address, operating system, browser, domain and other user information (e.g. your username));
     b)    ensure any advertising is being shown to the most appropriate person;
     c)    simplify the entry of your Personal Information in certain online forms; and
     d)    enable you to enter the Sites and access and use certain services provided via the Sites.
     e)    analyse patient medical records and analytics including, but not limited to, diagnosis, prescriptions, lab results, etc.
21.4    We will not disclose Personal Information to third parties except as provided in these Terms of Use or as permitted by law or any court of competent jurisdiction.
21.5    The Sites will record and track the use you make of the Site through the use of, amongst other things, cookies and other monitoring tools and devices. You can choose to turn off cookies in your browser and/or deleting them from your hard drive. You do not need to have cookies turned on to use the Sites but you will need them to use and access some parts of the Sites and to access personalised or secure content on the Sites. Some webpages in the Sites may not function properly if the cookies are turned off.
21.6    We use Sensitive Personal Information in order to ensure that we are able to offer the services requested by you and/or provided by the HMG to the best of our ability. We will use the Sensitive Personal Information to assist in the provision of information to you about your health or your medical records.
21.7    We will not disclose Sensitive Personal Information to third parties (other than as set out in clause 21.8) unless:
     a)    we have your express written consent to do so (or that of your representative), which may be sought from time to time (for example, where it is necessary for the provision of medical treatment); or
     b)    it is necessary for the protection of your health or safety or that of a third person (or group of people) including in an emergency or the health and safety of the public in general; or
     c)    the information disclosure is to another healthcare professional and is for the purposes of ensuring the provision and enhancement of ongoing medical treatment or healthcare services or the provision of medicines; or
     d)    the information disclosure is in accordance with usual and recognised professional practice relative to the circumstances; or
     e)    such information is already publicly known through lawful disclosure by you or your representatives; or
     f)    we are required to do so by law or regulation or any court of competent jurisdiction.
21.8    We may share Data provided to us by you with our subsidiaries, holding companies and affiliates. We, or one of our subsidiaries, holding companies or affiliates, may use the information you provide us with for the following purposes:
     a)    ensuring that the content of the Sites are presented in the most effective manner for you and for the device which you are using to access the Sites;
     b)    to facilitate or improve our delivery of the Sites, and the services available on the Sites, to you;
     c)    providing you with information or services that you request from us or which we feel may interest you;
     d)    notifying you about changes to the Sites or our services, where applicable;
     e)    to analyse site performance and analytics including, but not limited to, demographics; and
     f)    to analyse patient medical records and analytics including, but not limited to, diagnosis, prescriptions, lab results, etc.
21.9    We may share anonymised Data or derivations of such Data with third parties (in each case from which it is not possible to identify individuals) for research, statistical or epidemiological purposes in accordance with the law and/or regulations or courts of the competent jurisdiction.


22    COPYRIGHT AND TRADEMARKS
22.1    All intellectual property rights, including without limitation copyright in all Content on the Sites, are owned by us or by our licensors.
22.2    The HMG trade marks (Trade Marks) are the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.
22.3    You may only use and/or reproduce the Trade Marks with our express written consent, which will be sent to you on request and at our sole discretion.
22.4    Except where necessary for and incidental to personally viewing the Sites through your web browser, or as permitted by these Terms of Use or under applicable laws, no parts of the Sites may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.


23    TERMINATION
23.1    We may terminate your use and access to the Sites for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.
23.2    All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Sites.
23.3    In particular but without limitation, any breaches of clauses 3.4 or 10 may result in the immediate suspension of your use and access to the Sites.


24    GENERAL
24.1    The law applicable to the Sites and to disputes arising out of the Sites are the laws of The Kingdom of Saudi Arabia subject to your obligations under the applicable laws and regulations in your country of residence. You irrevocably submit to the exclusive jurisdiction of the courts of The Kingdom of Saudi Arabia.
24.2    We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.
24.3    If any clause or part of any clause of these Terms of Use is found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.
24.4    You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.


All Rights Reserved 2015