Terms and Conditions for Med Misr for Administration of Healthcare benefits (MedMisr)

Last Update: October 22nd, 2018

Acceptance of the Terms of Use

This Terms of Use is legally binding agreement made by and between you and Med Misr for Administration of Healthcare benefits (“MedMisr,” “our,” “us,” or “we”) platform including mobile applications, web applications, website and any related products & services (“MedMisr’s Products and Services”) and you, acting in your capacity as individual and, if applicable, on behalf of the entity, you are legally representing or for whom you are using this website (collectively, “you”, “your”, “yours”).

The following terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of MedMisr platform including mobile applications, web applications, website and any related products & services (“MedMisr’s Products and Services”) whether as a visitor or user.

Please read the Terms of Use carefully before using MedMisr platform including mobile applications, web applications, website and any related products & services (“MedMisr’s Products and Services”). If you do not want to agree to this Terms of Use, you must not use or otherwise access the MedMisr platform including mobile applications, web applications, website and any related products & services (“MedMisr’s Products and Services”).

BY USING MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES (“MEDMISR’S PRODUCTS AND SERVICES”), YOU AGREE THAT WE WILL USE YOUR SIGNATURE TO FACILITATE THE PRODUCTS AND SERVICES WE PERFORM ON YOUR BEHALF INCLUDING, BUT NOT LIMITED TO, EXCHANGING YOUR PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR PROTECTED HEALTH INFORMATION ( DEFINED BELOW) WITH YOUR HEALTH PLANS, HEALTHCARE PROVIDERS, AND OTHERS INVOLVED IN YOUR MEDICAL TREATMENT, PAYMENT, AND HEALTH CARE OPERATIONS.

BY USING MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES (“MEDMISR’S PRODUCTS AND SERVICES”), YOU ALSO AGREE THAT WE WILL COMMUNICATE WITH YOU AND OTHERS ON YOUR BEHALF, INCLUDING EXCHANGING AND TRANSMITTING YOUR PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR PROTECTED HEALTH INFORMATION (DEFINED BELOW) AND/OR PROVIDING YOU WITH INFORMATION ABOUT MEDMISR PRODUCTS AND SERVICES, VIA EMAIL, ELECTRONIC FACSIMILIE, OR ANY OTHER MODES OF COMMUNICATION.

BY USING MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES (“MEDMISR’S PRODUCTS AND SERVICES”), YOU ALSO UNDERSTAND THAT MED MISR FOR ADMINISTRATION OF HEALTHCARE BENEFITS (MEDMISR) OR ANY OF IT’S AFFILIATES RESERVES THE RIGHT TO LIMIT OR DISCONTINUE YOUR USE OF THE SERVICES IF I DO NOT ABIDE BY THESE TERMS AND CONDITIONS.


Representations You Make

You represent and warrant the following:
• The information you provide will be current, true, accurate, supportable and complete.
• You will not use Get Better’s Products and Services to facilitate or otherwise participate in any type of fraud as defined by any applicable law, statute, or regulation.


Personal Information

As used in this Terms of Use, “Personal Information” means any information that may be used to identify an individual, such as your first and last name, age, date of birth, gender, postal address, e-mail address, telephone number, other contact information, health information, banking or other financial information, or other personally identifiable information under any applicable law governing the use or disclosure of such information. It is entirely your choice whether or not to provide Personal Information through MedMisr’s Products and Services. If you choose not to provide requested Personal Information, you may not be able to use certain features of MedMisr’s Products and Services.


Financial Information

As used in this Terms of Use, “Financial Information” means any information that may be used to identify an individual, such as your first and last name, date of birth, social security number, banking information including routing numbers, account numbers, check numbers, and other financial information. It is entirely your choice whether or not to provide Financial Information through MedMisr’s Products and Services. If you choose not to provide requested Financial Information, you may not be able to use certain features of MedMisr’s Products and Services.

• All credit/debit cards details and related personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
• If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
• The cardholder must retain a copy of transaction records and Merchant policies and rules.
• We accept payments online using Visa and MasterCard credit/debit card in EGP (or any other agreed currencies).

Protected Health Information

As used in this Terms of Use, “Protected Health Information” means Personal Information in conjunction with information related to physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (including race, ethnicity, marital status, salary, education, political, religious, and trade union information) and information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medications, laboratory test results, payments for treatment and health insurance information, health insurance account numbers and/or cards, or other personally identifiable information under any applicable law governing the use or disclosure of Protected Health Information. It is entirely your choice whether or not to provide Protected Health Information through MedMisr’s Products and Services. If you choose not to provide requested Protected Health Information, you may not be able to use certain features of MedMisr’s Products and Services.


Our Commitment to Privacy

MedMisr respects the privacy of all visitors and users of MedMisr’s Products and Services and is committed to protecting privacy through our compliance with this Terms of Use. We understand that Personal Information, Financial Information, and Protected Health Information are private, and we are dedicated to maintaining the accessibility, confidentiality and integrity of all such information.


Changes to the Terms of Use

We may revise and update this Terms of Use from time to time in our sole discretion. Your continued use of MedMisr’s Products and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time – we recommend you check our Terms of Use each time you access the App – so you are aware of any changes as they are legally binding on you.


Accessing the App and Account Security

MedMisr is dedicated to ensuring the accessibility, integrity and security of Personal, Financial, and Protected Health Information (collectively, “Information”). You are responsible for ensuring that all persons to whom you give access to any of MedMisr’s Products and Services, including your account, are aware of this Terms of Use, have the opportunity to review, accept and comply with the Terms of Use.

When receiving your password, and/or any other piece of information as part of our security procedures, you are expected to treat such information as confidential (other than email addresses, which we understand and acknowledge you use frequently and therefore are not “confidential”). You also acknowledge that your account is personal to you and you are expected to treat your account as confidential. You agree to accept responsibility for all activities that occur under your e-mail and password. You agree to notify us immediately of any unauthorized access to, use or disclosure of your e-mail, password, or any other security violation or breach. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, track or record your e-mail, password, or other Personal Information.

We have the right to disable any e-mail, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of this Terms of Use (including our Privacy Policy). 

MedMisr ensures the accessibility, integrity and security of Protected Health Information with built in access controls, monitoring, auditing and tracking features. Certain logins, actions performed and App usage are tracked and captured for analytics purposes and other lawful purposes we deem appropriate.

We reserve the right to withdraw or amend the Medmisr platform including mobile applications, web applications, website and any related products & services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period.

 
Prohibited Uses or Disclosures

You may use the Medmisr platform including mobile applications, web applications, website and any related products & services only for lawful purposes in accordance with this Terms of Use, our Privacy Policy and the laws of Egypt.

You agree not to use Medmisr platform including mobile applications, web applications, website and any related products & services:

• In any way that violates any laws, statutes, or regulations.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
• To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate MedMisr, a MedMisr agent or employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Medmisr platform including mobile applications, web applications, website and any related products & services, or which, as determined by us, may harm MedMisr or users of Medmisr platform including mobile applications, web applications, website and any related products & services or expose them to liability.

Additionally, you agree not to:

• Use Medmisr platform including mobile applications, web applications, website and any related products & services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Medmisr platform including mobile applications, web applications, website and any related products & services, including their ability to engage in real time activities through Medmisr platform including mobile applications, web applications, website and any related products & services.
• Use any robot, spider or other automatic device, process or means to access Medmisr platform including mobile applications, web applications, website and any related products & services for any purpose, including monitoring or copying any of the material on Medmisr platform including mobile applications, web applications, website and any related products & services.
• Use any manual process to monitor or copy any of the material on Medmisr platform including mobile applications, web applications, website and any related products & services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper functioning of the Medmisr platform including mobile applications, web applications, website and any related products & services.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Medmisr platform including mobile applications, web applications, website and any related products & services, the server on which Medmisr platform including mobile applications, web applications, website and any related products & services is stored, or any server, computer or database connected to Medmisr platform including mobile applications, web applications, website and any related products & services.
• Attack the Medmisr platform including mobile applications, web applications, website and any related products & services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of Medmisr platform including mobile applications, web applications, website and any related products & services.


Reliance on Information Posted

The information presented on or through Medmisr platform including mobile applications, web applications, website and any related products & services is made available solely for general information purposes. We do not undertake to review all material before it is posted Medmisr platform including mobile applications, web applications, website and any related products & services. While we intend for all information on Medmisr platform including mobile applications, web applications, website and any related products & services to be useful, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Medmisr platform including mobile applications, web applications, website and any related products & services, or by anyone who may be informed of any of its content.

Medmisr platform including mobile applications, web applications, website and any related products & services may include content provided by third parties, including materials provided by other users, bloggers, etc. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.


Linking to the App and Social Media Features

You may link Medmisr platform including mobile applications, web applications, website and any related products & services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or violate the rights of any user, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Medmisr platform including mobile applications, web applications, website and any related products & services may provide certain social media features that enable you to:

• Link to certain content on Medmisr platform including mobile applications, web applications, website and any related products & services.
• Send e-mails or other communications with certain content, or links to certain content, on Medmisr platform including mobile applications, web applications, website and any related products & services.
• Cause limited portions of content on Medmisr platform including mobile applications, web applications, website and any related products & services to be displayed or appear to be displayed on your own or certain third-party websites.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Medmisr platform including mobile applications, web applications, website and any related products & services.
• Terminate or suspend your access to all or part of Medmisr platform including mobile applications, web applications, website and any related products & services for any violation of this Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.

YOU WAIVE AND HOLD HARMLESS MED MISR FOR ADMINISTRATION OF HEALTHCARE BENEFITS (MEDMISR) AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MED MISR FOR ADMINISTRATION OF HEALTHCARE BENEFITS (MEDMISR) AND/OR ITS LICENSEES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS OR OTHER ACTIONS BY GET BETTER, LAW ENFORCEMENT, REGULATORY AGENCIES, AND/OR PRIVATE PARTIES.


Use of the Services by and on behalf of Minors

You are not eligible to use MedMisr products and services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are an emancipated minor over the age of 13, you may only use our Services if:

(i) Such use has been approved of by your parent or legal guardian
(ii) You use our Services under his or her supervision
(iii) He or she has agreed to these Terms (and, if applicable, your User Agreement) on your behalf.

If you are the parent or guardian of an emancipated minor, you may use the Services and enter into a User Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and User Agreement, if applicable) that applicable to you are equally applicable to such minor. Under no circumstances may our Services be used by a child under 13 years old.


Intellectual Property Rights

MedMisr’s Products and Services (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof on our App) are owned or controlled by Med Misr for Administration of Healthcare benefits (MedMisr), its licensors or other providers of such material and are protected by Egyptians and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstances may the name MedMisr or MedMisr’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Get Better.

If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the App and MedMisr’s Products and Services in violation or breach of this Terms of Use, your right to use MedMisr’s Products and Services will cease immediately and you must, at our option, return or destroy (subject to written verification) any copies of the materials you have made. No right, title or interest in or to the App or its any content is transferred to you, and all rights not expressly granted are reserved by Get Better. Any use of MedMisr’s Products and Services not expressly permitted by this Terms of Use is a breach of this Terms of Use and may violate copyright, trademark and other laws.


Trademarks

MedMisr’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of MedMisr or its affiliates or licensors. You must not use such marks without the prior written permission of MedMisr. All other names, logos, product and service names, designs and slogans on any of MedMisr products & services are the trademarks of their respective owners.


Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Med Misr for Administration of Healthcare benefits (MedMisr) a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Med Misr for Administration of Healthcare benefits (MedMisr) reserves the right to remove any of Your Content from this Website at any time without notice.


Disclaimer of Warranties and Acknowledgements

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for reconstruction of any lost data.

YOUR USE OF MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.


Limitation of liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES, OR ON ANY WEBSITE LINKED TO THE APP.

IN NO EVENT WILL MEDMISR, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES, ANY WEBSITES LINKED TO, ANY CONTENT ON THE MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH MEDMISR PLATFORM INCLUDING MOBILE APPLICATIONS, WEB APPLICATIONS, WEBSITE AND ANY RELATED PRODUCTS & SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.


Indemnification

You agree to defend, indemnify and hold harmless MedMisr, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of this Terms of Use, our Privacy Policy or your use Medmisr platform including mobile applications, web applications, website and any related products & services including, but not limited to, your User Contributions, any use Medmisr platform including mobile applications, web applications, website and any related products & services, other than as expressly authorized in this Terms of Use or Privacy Policy.


Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.


Variation of Terms

Med Misr for Administration of Healthcare benefits (MedMisr) is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.


Assignment

The Med Misr for Administration of Healthcare benefits (MedMisr) is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without a prior written approval from MedMisr.


Delivery/Shipment Policy

MedMisr Does not deliver products directly to its customer, however:
• MedMisr will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Egypt.
• Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

Refund & Cancellation Policy

In the event of the Client cancellation, MedMisr have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by MedMisr, provided that MedMisr shall not impose any cancellation fee or claim any damages in respect of a Cancelation if the Client is unable to benefit from the service due to the death or hospitalization of the Client.
MedMisr may reserve the RIGHT TO CANCEL any services prior to execution, in which event the Payment will be refunded by MedMisr to the Client without any further obligation on MedMisr. MedMisr may CHARGE A FEE for processing the request for refund.
• Refunds will be done only through the Original Mode of Payment.
• In the event that a transaction error has occurred while making the payment, a refund in most cases will be issued to the same credit card you used for the original purchase.

Entire Agreement

This Terms of Use and our Privacy Policy constitutes the sole and entire agreement between you and MedMisr with respect to Medmisr platform including mobile applications, web applications, website and any related products & services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Medmisr platform including mobile applications, web applications, website and any related products & services.


Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Egypt, and you submit to the non-exclusive jurisdiction of the courts located in Egypt for the resolution of any disputes.