MobiMED

M V For My للخدمات الطبية الذكية

(“MV For My”)

is the author and publisher of the internet resource

www.

mobi-med.net

and the mobile application ‘

MobiMed

’ (together, “Website”).

MV FOR MY

owns and operates the services provided through the Website.

1.NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions

(“Terms”)

and the privacy policy available at

https://www.MobiMed.net/company/privacy

(“Privacy Policy”)

before you decide to access the Website or avail the services made available on the Website by

MobiMed

. These Terms and the Privacy Policy together constitute a legal agreement

(“Agreement”)

between you and

MV FOR MY

in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are -

1. 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
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website
  (“End-User”, “you” or “User”);
  or
3. Otherwise a user of the Website
  (“you” or “User”)
  .

This Agreement applies to those services made available by

MobiMed

on the Website, which are offered free of charge to the Users

(“Services”)

, including the following:

1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
2. 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 MobiMed, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of “

MobiMed

”, and the Agreement will apply to your visit 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@MobiMed.net

. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and

, as available on the Website, 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”

MobiMed

”. The Agreement is published in compliance of, and is governed by the provisions of Egyptian law, including but not limited to:

1. The Egyptian laws related to Information exchange freedom
2. The rules, regulations, guidelines and clarifications framed there under, including the (
  Egyptian
  ) Information Technology Industry Development Agency -
  ITIDA
  ).
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 “

MobiMed

” 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.

3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

- 3.1
  END-USER ACCOUNT AND DATA PRIVACY
  - 3.1.1
    The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  - 3.1.2
    “
    MobiMed
    ” may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of “
    MobiMed’s
    services and to build new services.
  - 3.1.3
    The Website allows “
    MobiMed
    ” to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  - 3.1.4
    The Privacy Policy sets out:
    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;
    3. How and to whom ”
      MobiMed
      ” will disclose such information; and,
    4. Other information mandated by the SPI Rules.
  - 3.1.5
    The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
    1. The fact that certain information is being collected;
    2. The purpose for which the information is being collected;
    3. The intended recipients of the information;
    4. The nature of collection and retention of the information; and
    5. The name and address of the agency that is collecting the information and the agency that will retain the information; and
    6. The various rights available to such Users in respect of such information.
  - 3.1.6
    “
    MobiMed
    ” 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 “
    MobiMed
    ” or to any other person acting on behalf of “
    MobiMed
    ”.
  - 3.1.7
    The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify “
    MobiMed”
    of any actual or suspected unauthorized use of the User’s account or password. Although “
    MobiMed
    ” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “
    MobiMed
    ” or such other parties as the case may be, due to any unauthorized use of your account.
  - 3.1.8
    If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or “
    MobiMed
    ” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “
    MobiMed
    ” has the right to discontinue the Services to the User at its sole discretion.
  - 3.1.9 “MobiMed
    ” may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- 3.2
  RELEVANCE ALGORITHM

MobiMed’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 “

MobiMed

”. “

MobiMed

” 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. “

MobiMed

” 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
  - 3.3.1MobiMed
    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. “
    MobiMed
    ” takes reasonable efforts to ensure that such information is updated at frequent intervals. Although”
    MobiMed
    ” 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.
  - 3.3.2
    The Services provided by “
    MobiMed
    ” 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).
    MobiMed
    does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services.”
    MobiMed”
    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, “
    MobiMed”
    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 MobiMed or any User in relation to any User or services provided by such User.
  - 3.3.3
    The Website may be linked to the website of third parties, affiliates and business partners. “
    MobiMed
    ” 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 “
    MobiMed
    ” endorses the linked site. User may use the links and these services at User’s own risk.
  - 3.3.4MobiMed
    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.
  - 3.3.5
    If
    MobiMed
    determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, “
    MobiMed
    ” reserves the right to immediately suspend your access to the Website or any of your accounts with “
    MobiMed”
    and makes such declaration on the website alongside your name/your clinic’s name as determined by “
    MobiMed
    ” for the protection of its business and in the interests of Users. You shall be liable to indemnify “
    MobiMed
    ” for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected “
    MobiMed
    ” or its Users.

- 3.4
  BOOK APPOINTMENT AND CALL FACILITY

MobiMed

enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website

; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

- - 3.4.1MobiMed
    will ensure Users are provided confirmed appointment on the Book facility. However,
    MobiMed
    has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment..
  - 3.4.2
    If a User has utilized the telephonic services,
    MobiMed
    reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our
    Privacy Policy
    .
  - 3.4.3
    The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by
    MobiMed
    of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
  - 3.4.4
    Without prejudice to the generality of the above,
    MobiMed
    is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that
    MobiMed
    will not be liable for:
    1. User interactions and associated issues User has with the Practitioner;
    2. The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
    3. Any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    4. Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
    5. Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
    6. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under,
      MobiMed Guarantee Program
      .
  - 3.4.5
    Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that,
    MobiMed
    shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
- 3.5
  NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
  - 3.5.1
    Please 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
    MobiMed
    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.
  - 3.5.2
    It is hereby expressly clarified that, the Information that you obtain or receive from
    MobiMed
    , 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.
  - 3.5.3
    The 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.
- 3.6MOBIMED CONSULT
  - 3.6.1Definition.

MobiMed's Consult is a feature owned and provided by MobiMed that allows Users & Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on MobiMed’s platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on MobiMed’s Website. The scope of this feature as detailed herein is collectively referred to as "Consult".

- - 3.6.2Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

- - 1. In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on MobiMed’s Website. In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
    2. In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
    3. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User for access of the User.
    4. Notwithstanding anything contained herein, MobiMed in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
    5. If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that MobiMed may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number which is provided by Practitioner, based on the Practitioner’s settings. However and notwithstanding anything to the contrary in this Agreement, MobiMed does not take responsibility for timeliness of such communications.
    6. Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold MobiMed responsible for any such interactions and associated issues.
    7. The User hereby grants consent to MobiMed to feature certain of Users queries posted free of cost and respective Practitioners’ responses as posted by the User on MobiMed Consult. Users further agree that any such information provided by the User will be subject to MobiMed Privacy Policy.
    8. There is a follow-up feature that is made available on one of MobiMed’s product - MobiMed Ray, through which the Practitioner can notify the User of a follow-up facility that is available post their in-person consultation. The Practitioner can define the duration and limit of messages that are available to the User for free. When the User starts the follow-up, a chat window opens up for consultation with the Practitioner for a certain period (set by the Practitioner) without having to make any payment. Upon expiry, an option to pay and restart option is available to the User. This enables the User to pay and initiate a paid consultation with the Practitioner.
    9. Any conversations that the Users have had with the Practitioner will be retained in MobiMed database as per the applicable laws and subject to confidentiality.
    10. User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
    11. If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. MobiMed shall not be responsible for any breach of service or service deficiency by any Practitioner.
    12. If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to
      support@MobiMed.net.
  - 3.6.3Cancellation and Refund Policy:
    1. For cancellation and refund policy please reach out to
      support@MobiMed.net.
  - 3.6.4Express Disclaimers:
    1. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, MobiMed shall not be held liable.
    2. MobiMed is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
    3. Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
  - 3.6.5Terms for Practitioners:
    1. The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, MobiMed shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/MobiMed application/site.
    2. The Practitioner understands and agrees that, MobiMed shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
    3. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
    4. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
    5. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
    6. The Practitioner acknowledges that should MobiMed find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then MobiMed shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
    7. The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, MobiMed will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact
      support@MobiMed.net.
    8. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    9. The Practitioner understands that the certain Consult features (such as follow-up feature) shall be available only if the same has been enabled by the Practitioner and that the maximum number of messages that Practitioner can send and the number of days for which follow-up will be active for, shall be as set by the Practitioner.
    10. The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
    11. The Practitioner understands that MobiMed makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold MobiMed liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by MobiMed.
    12. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that MobiMed shall not be liable for any errors in the information included in any communication between the Practitioner and User.
    13. Read more on Settlement Policy
      here.
- 3.7MOBIMED HEALTH FEED
  - 3.7.1MobiMed Health feed is an online content platform available on the website, wherein Practitioners who have created a MobiMed profile and Users who have created a health account can login and post health and wellness related content
  - 3.7.2A User can use MobiMed 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 MobiMed’s servers. MobiMed will make available to the User a gallery of images licensed by MobiMed from a third party stock image provider (“MobiMed Gallery”). The User can upload their own images or choose an image from the MobiMed Gallery. MobiMed does not provide any warranty as to the ownership of the intellectual property in the MobiMed Gallery and the User acknowledges that the User will use the images from the MobiMed Gallery at their own risk. MobiMed shall post such Content to MobiMed Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via MobiMed 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 MobiMed Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. MobiMed 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 MobiMed from and indemnify MobiMed 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 MobiMed Health feed. The User may not use the images in the MobiMed Gallery for any purpose other than those directly related to the creation and uploading of Content to MobiMed Health feed. The User also agrees to absolve MobiMed from and indemnify MobiMed 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 MobiMed Gallery for his/her personal or commercial gain.
  - 3.7.4The user hereby assigns to MobiMed, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via MobiMed Health feed.
  - 3.7.5MobiMed shall have the right to edit or remove the Content and any comments in such manner as it may deem MobiMed Health feed at any time.
  - 3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and MobiMed 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 MobiMed from and indemnify MobiMed 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 MobiMed Health Feed.
  - 3.7.7A User may also use MobiMed 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 MobiMed Health feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of MobiMed.
  - 3.7.9User agrees that the content they access on MobiMed 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 MobiMed from and indemnify MobiMed against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on MobiMed Health feed.
  - 3.7.10The User acknowledges that all intellectual property rights in the Content on MobiMed Health feed vests with MobiMed. The User agrees not to infringe upon MobiMed’s intellectual property by copying or plagiarizing content on MobiMed Health feed. MobiMed 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 MobiMed Health feed will be the sole intellectual property of MobiMed. The User agrees not to post any comments on MobiMed Health feed that violate the intellectual property of any other person. MobiMed 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 MobiMed from and indemnify MobiMed 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 MobiMed Health feed.
  - 3.7.11User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and MobiMed 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 MobiMed from and indemnify MobiMed 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 MobiMed Health feed.
- 3.8
  CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
  - 3.8.1
    The contents listed on the Website are (i) User generated content, or (ii) belong to
    MobiMed
    . The information that is collected by
    MobiMed
    directly or indirectly from the End- Users and the Practitioners shall belong to
    MobiMed
    . Copying of the copyrighted content published by
    MobiMed
    on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and
    MobiMed
    reserves its rights under applicable law accordingly.
  - 3.8.2
    MobiMed 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,
    "MobiMed Content"
    ), are the property of
    MobiMed
    and are protected under copyright, trademark and other laws. User shall not modify the
    MobiMed
    Content or reproduce, display, publicly perform, distribute, or otherwise use the
    MobiMed
    Content in any way for any public or commercial purpose or for personal gain.
  - 3.8.3
    User 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

By using this Website, you agree that any information shared by you with

MobiMed

or with any Practitioner will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews. Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the ITIDA Rules and Egyptian laws.

MobiMed

, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that

MobiMed

may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1. Obtaining feedback in relation to Website or
  MobiMed
  ’s services; and/or
2. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by

MobiMed

’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10RECORDS

MobiMed may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘MobiMed’. Information available in your Records is of two types:

1. User-created: Information uploaded by you or information generated during your interaction with MobiMed ecosystem, eg: appointment, medicine order placed by you.
2. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘MobiMed Ray’ or other Services of MobiMed software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

- 3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
- 3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and MobiMed does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
- 3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, MobiMed is not liable for any interruption that may be caused to your access of the Services.
- 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by MobiMed, you should refer to your prescription before taking any medicines. MobiMed is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the MobiMed app.
- 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. MobiMed is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with MobiMed.
- 3.10.6MobiMed uses industry–level security and encryption to your Health Records. However, MobiMed does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform MobiMed of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@MobiMed.net.
- 3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. MobiMed assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify MobiMed and its officers against any such claim or liability arising out of unauthorized use of such information.
- 3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
- 3.10.9You may lose your “User created” record, if the data is not synced with the server.
- 3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
- 3.10.11MobiMed is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
- 3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. MobiMed is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- 3.10.13MobiMed is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
- 3.10.14MobiMed has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- 3.10.15MobiMed will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
- 3.10.16You agree and acknowledge that MobiMed may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- 3.10.17You acknowledge that the Practitioners you are visiting may engage MobiMed's software or third party software for the purposes of the functioning of the Practitioner’s business and MobiMed's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Egypt and outside Egypt, in accordance with the applicable laws.
- 3.10.18To the extent that your Records have been shared with MobiMed or stored on any of the MobiMed products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by MobiMed pertaining to such previously visited clinics and hospitals who have tie ups with MobiMed for the purposes of their business and for MobiMed's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Egypt and outside Egypt, in accordance with the applicable laws and further agree, upon creation of your account with MobiMed, to the mapping of such Records as may be available in MobiMed’s database to your User account.
3.11
MOBIMED MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information click

here.

4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.

- 4.1
  LISTING POLICY
  - 4.1.1MobiMed
    , directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice.
    MobiMed
    reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform
    MobiMed
    immediately to enable
    MobiMed
    to make the necessary amendments.
  - 4.1.2MobiMed
    shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
  - 4.1.3MobiMed
    shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by MobiMed, where the User has expressly or implicitly consented to the making of disclosures or publications by
    MobiMed
    . If the User had revoked such consent under the terms of the Privacy Policy, then MobiMed shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by
    MobiMed
    prior to its actual receipt of such revocation.
  - 4.1.4MobiMed
    reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However,
    MobiMed
    shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
  - 4.1.5
    Practitioners explicitly agree that
    MobiMed
    reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
  - 4.1.6When you are listed on MobiMed.net, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by MobiMed, and the records of such calls are recorded and stored in MobiMed’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by MobiMed should be used only for appointment and booking purposes, and not for consultation on health-related issues. MobiMed accepts no liability if the call facility is not used in accordance with the foregoing.
  - 4.1.7
    You as a Practitioner hereby represent and warrant that you will use the 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
    MobiMed
    accepts no liability for the same.
- 4.2
  PROFILE OWNERSHIP AND EDITING RIGHTS

MobiMed

ensures easy access to the Practitioners by providing a tool to update your profile information.

MobiMed

reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However,

MobiMed

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

MobiMed’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,

MobiMed

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 MOBIMED
  - 4.3.1MobiMed
    reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
  - 4.3.2MobiMed
    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.
  - 4.3.4
    You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable.
    MobiMed
    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.
    MobiMed
    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.
  - 4.3.5MobiMed
    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 in relation to Critical Content posted on the Website.
  - 4.3.6
    If
    MobiMed
    determines that you have provided inaccurate information or enabled fraudulent feedback,
    MobiMed
    reserves the right to immediately suspend any of your accounts with
    MobiMed
    and makes such declaration on the website alongside your name/your clinics name as determined by
    MobiMed
    for the protection of its business and in the interests of Users.
- 4.4
  RELEVANCE ALGORITHM

MobiMed

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.

MobiMed

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

MobiMed

- 4.6
  MOBIMED REACH RIGHTS

MobiMed 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, MobiMed will not be liable for the accuracy of information or the claims made in the Sponsored ads. MobiMed does not encourage the Users to visit the Sponsored ads page or to avail any services from them. MobiMed 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 MobiMed accepts no liability for the same

- 4.7MOBIMED CONSULT
  - 4.7.1MobiMed Consult enables Practitioners to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Practitioners by MobiMed (“Doctor App”).
  - 4.7.2The User may post two types of queries on their Health Accounts (i) public query, which is sent through MobiMed Consult to multiple Practitioners and enables any of the chosen Practitioner to respond to the query posted; and (ii) private query, which will be only sent to the Practitioner that the User has chosen.
  - 4.7.3The public queries posted by the Users are sent to multiple Practitioners through a fully automated system installed in the Doctor App. The automated system chooses Practitioners based on inter alia the information furnished by each Practitioner, the number of questions answered by the Practitioner and the rating or reviews procured by the Practitioner. MobiMed does not guarantee in any manner that any query will be directed to a particular Practitioner and will not be responsible for the Practitioners chosen to respond to the queries.
  - 4.7.4Practitioner agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Practitioner shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.
  - 4.7.5In the event, the Practitioner indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, MobiMed shall provide the User an option to directly remit the amount to the Practitioner through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.
  - 4.7.6MobiMed shall remit the fees to the Practitioner in accordance with the terms agreed between the Practitioners and MobiMed in the Software License and Services Agreement executed between them.
  - 4.7.7MobiMed reserves the right to revise the fee terms at any time at their discretion. The Practitioner’s continued use of the services and Doctor App shall constitute his/her consent to such revision.
  - 4.7.8Practitioner hereby agrees that it shall use the Doctor App for the purpose specified in these Terms of Use and shall not use the Doctor App for any unauthorized and unlawful purpose, including impersonating another person.
  - 4.7.9Practitioner hereby represents and warrants that he/she
    1. is qualified to provide medical services within the territory of Egypt;
    2. has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and
    3. has provided MobiMed true, accurate, complete and up to date details about their qualification and credentials.
  - 4.7.10Practitioner agrees that he/she shall at all times abide by the applicable medical regulations including the code of
  - 4.7.11Practitioners shall promptly renew their licenses required to provide medical services and notify MobiMed about the same.
  - 4.7.12MobiMed reserves the right to terminate any account of the Practitioner in case:
    1. the Practitioner breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
    2. MobiMed is unable to verify or authenticate any information provided to it by a Practitioner; or
    3. MobiMed in its sole and absolute discretion believes that actions of the Practitioner may cause legal liability for MobiMed or other Users and / or may adversely affect the services rendered by MobiMed.
  - 4.7.13Practitioner hereby agrees that, for any User that contacts the Practitioner using MobiMed Consult, only he/she shall be allowed to perform the services for the User and that the Practitioner may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Practitioner accepts all responsibility and liability for the use of MobiMed Consult, including the performance of its services, by any other party claiming to be the Practitioner and hereby agrees to indemnify MobiMed against any claim or loss that may be faced by MobiMed consequent to such use.
  - 4.7.14Practitioner hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Practitioner agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.
  - 4.7.15Practitioner agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.
  - 4.7.16Practitioner agrees and understands that some or all his/her may be made available to the general public through the Doctor App or otherwise by the Company and that he/she has no objection to the same.
  - 4.7.17Practitioner hereby agrees to assign to MobiMed in perpetuity all intellectual property rights residing in the responses provided by him/her for use by MobiMed worldwide.
  - 4.7.18Practitioner hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.
  - 4.7.19Any communication sent by or through MobiMed to the Practitioner is based solely on information uploaded by the Users. MobiMed shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
  - 4.7.20Practitioner shall be liable to indemnify and hold MobiMed harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use
    .
- 4.9
  MOBIMED MEDICINE INFORMATION

For detailed terms and conditions regarding medicine information click

here.

- 4.10
  BOOK APPOINTMENT AND CALL FACILITY
  - 4.10.1
    As a valuable partner on our platform we want to ensure that the Practitioners experience on the
    MobiMed
    booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on
    MobiMed
    profile
  - 4.10.2
    Practitioner understands that,
    MobiMed
    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
    MobiMed
    .
5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- 5.1
  As mandated by Regulation 3(2) of the Egyptian Laws and ITIDA Rules,
  MobiMed
  hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of Egypt, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

- 5.2
  Users are also prohibited from:

. violating or attempting to violate the integrity or security of the Website or any MobiMed Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by
MobiMed
;
intentionally submitting on the Website any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the
MobiMed
Content or other information available from the Website;

framing or hot linking or deep linking any
MobiMed
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

- 5.3MobiMed
  , upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2.
  MobiMed
  shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- 5.4
  In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User,
  MobiMed
  has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
- 5.5MobiMed
  may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
- MobiMed
  respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.TERMINATION
- 6.1MobiMed 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;

A third party reports violation of any of its right as a result of your use of the Services;
MobiMed
is unable to verify or authenticate any information provide to
MobiMed
by a User;

MobiMed
has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

MobiMed
believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for
MobiMed
or are contrary to the interests of the Website.

- 6.2
  Once 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

MobiMed

, 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:

1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
3. any unauthorized access to or alteration of your transmissions or data; or
4. 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 Rs. 1000/- (Rupees One Thousand Only).

8.RETENTION AND REMOVAL

MobiMed

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 SPI Rules. 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
  MobiMed
  and User will be governed by the laws of Egypt.
- 9.2
  Any 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 Egypt, before a sole arbitrator appointed by MobiMed. Arbitration shall be conducted in accordance with the Arbitration and Conciliation. The seat of such arbitration shall be Cairo East. 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.
- 9.3
  Subject to the above Clause 9.2, the courts at Cairo East 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 MobiMed, the Website, this Agreement, the Services, or anything related to any of the foregoing, MobiMed customer support can be reached at the following email address: support@MobiMed.net or via the contact information available from the following hyperlink:
  www.MobiMed.net/contact
  .
11.SEVERABILITY

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.

12.WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by

MobiMed

. Any consent by

MobiMed

to, or a waiver by

MobiMed

of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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