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1. PARTIES AND USER ACCESS
1.1. The parties to this agreement are any user of this website and the owner of this website being https://www.zivanza.org/ (“Zivanza”). The data controller in respect of this website is MUrgency Inc.
Any references to “we”, “us” or “our” in these terms and conditions (“Terms”) shall be to Zivanza; references to “user”, “you” or “your” in these terms and conditions shall be to any user of this website; and references to “this website” will include, where relevant, the websites of any Zivanza subsidiary’s or associate’s website to which a link is provided on this website (“Group websites”).
1.2. Your use of and access to this website will at all times be governed by the provisions of these terms and conditions, and by using and/or accessing this website, you accept all these terms and conditions fully and agree to be bound by and comply fully therewith. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions and other applicable terms and conditions and that they comply with them.
1.3. If you do not wish to be bound by and comply with these terms and conditions in full, your access and use of this website must be terminated immediately.
1.4. Zivanza may revise these Terms from time to time. It is your duty to review these Terms periodically because it is binding on you.
Zivanza is committed to ensuring the privacy and integrity of information submitted by users of our website, and please see our privacy notice at https://www.zivanza.org/privacy-policy.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. A user’s access to this website and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of Zivanza’s data or information displayed or accessible from the website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in Zivanza or in the author, compiler, creator or licensor of such information.
3.2. All Zivanza’s trademarks, logos, brands, domain names and other marks and intellectual property relating to this website, or any information contained or accessible from this website shall remain the sole and exclusive property of MUrgency Inc and the relevant authors or licensors and the user undertakes that it will not use, disseminate, or otherwise deal with such intellectual property without Zivanza, the relevant licensor or author’s prior written approval.
3.3. Copyright and all other intellectual property rights subsisting in any data base/s maintained by Zivanza and relating to this website is owned by MUrgency Inc or the relevant provider or supplier thereof.
3.4. A user may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this website, for its own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of Zivanza has been obtained.
3.5. The user undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from the Zivanza website.
3.6. Under no circumstances may a user reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from this website without the prior written consent of Zivanza.
4. CONTENT ON THIS WEBSITE
4.1. The content on this website, nor on any Group website, is intended to provide information relating to Zivanza and the services provided by Zivanza’s operating divisions, which may include general medical information.
4.2. The content relating to healthcare services provided by the Zivanza group in no way constitutes a proposal or an offer to provide such services to the user. Nothing contained in this website or Group websites is intended to be instructional for medical diagnosis or treatment. The information contained on this website and our Group websites is not intended to replace or substitute professional medical advice and is merely inserted for general informational and educational purposes. The information does not relate to any particular individual or individuals and under no circumstances should any user rely on the information for purposes of any treatment and/or medical advice.
4.3. Any person requiring any medical advice or treatment should consult their relevant medical practitioner or other qualified healthcare professional to suitably diagnose any ailments or diseases and prescribe the relevant treatment.
4.4. All information viewed or services used or accessed from this website or our Group websites are provided “as is” without any warranty, whether express or implied.
4.5. Zivanza does not warrant, hold out or represent that any services, benefits or facilities offered on this website or our Group websites to users or a class of users, such as online booking available to certain registered healthcare professionals will always be available, be accurate, reliable, or perform the functions it was intended to. Users are cautioned against relying on any such service or facility provided and should always independently verify any information or confirmation contained or generated from this website, the Group websites or any software associated therewith.
5. HYPERTEXT LINKS AND ADVERTISING
5.1. Zivanza may provide hypertext links to websites on the internet which are operated by third parties. Users are encouraged to use discretion when searching or accessing such links.
5.2. Under no circumstances does Zivanza take responsibility for the content and/or services or products offered on third-party websites which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked websites.
5.3. The provisions of these terms and conditions do not apply to such third-party websites as these websites are not maintained and/or hosted by Zivanza or its service providers.
5.4. This website or the Group websites may contain advertisements, comprising, inter alia, any illustrative and/or textual material, including banners, pop-up windows, buttons, intermercials, links and advertising sponsorships. Unless specifically otherwise indicated in writing, Zivanza does not endorse any product whose services are advertised or promoted by such advertisement, nor does Zivanza make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any such advertisement.
5.5. You may link to our website, provided that:
5.6. Zivanza reserves the right to ask you to remove any links to our website at any time if we believe that it is damaging to our reputation or taking advantage of it, and to withdraw linking permission without notice.
5.7. If you wish to make any use of content on our website other than that set out above, please contact Zivanza at any time via e-mail at email@example.com.
6. USER’S RESTRICTIONS AND SECURITY
6.1. The user undertakes to conform to generally acceptable internet etiquette and to abide by any Zivanza operating policies which may be amended from time to time at Zivanza’s discretion. The user warrants and undertakes that all information, documentation, data and material provided or transmitted to Zivanza will be accurate, truthful and current and the user is solely responsible for the content of such information, documentation, data and material.
6.2. Zivanza reserves the right to take any action in relation to any documentation, information, data or material which Zivanza may, in its sole discretion, deem necessarily appropriate, if it believes that the failure to take such action may create any liability whether perceived or otherwise for Zivanza or its suppliers, or advertisers who cause Zivanza to lose or suffer any harm or damages in any proprietary interest or goodwill or which may adversely affect the provision or access to this website or the services of any of its service providers. In particular, the user undertakes:
6.2.1. not to violate the privacy of any person or to violate the security of any computer system or network, which shall include but not be limited to:
6.2.2. to inform Zivanza of any restrictions and/or limitations on the authority of any authorized user who has been given access to the service and/or content of this website promptly and in writing.
7. DISCLAIMER AND INDEMNITY
7.1. Due to the number of sources from which Zivanza obtains content and the nature of electronic distribution via the worldwide web and internet, neither Zivanza nor any of its suppliers shall be liable to any user or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances:
7.2. Without limiting the generality of the foregoing, neither Zivanza nor its suppliers shall be liable for any direct, consequential or indirect loss suffered by a user or any other person.
7.3. While Zivanza will use all reasonable endeavors to ensure the integrity, security and confidentiality of all personal information submitted and/or obtained from a user, it will not be held liable under any circumstances if such information is compromised, disseminated or otherwise disclosed through conduct outside the control of Zivanza such as hacking, infection by “viruses”, “Trojan Horses” or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7.4. Zivanza hereby disclaims any liability for any and all losses, liability, costs or damage suffered or incurred by a user or any other person arising out of or in connection with the use, provision or distribution of any feature or service which may be promoted, displayed on, or associated with, this website or any other website which can be accessed from this website, however such loss or liability may occur, and whether such loss or liability is financial, personal, consequential, incidental or otherwise.
7.5. Zivanza does not warrant or represent that the functions, facilities or services or content contained on this website, or access to this website or any part thereof, will be uninterrupted or error free, that defects will be corrected, or that this website and/or the server that makes it available to a user, is free of viruses, infections, bugs or the like, nor does Zivanza make any warranty or representation, whether express or implied, as to the reliability, accuracy, usefulness, adequacy, quality, currency, completeness, suitability, fitness for any purpose or otherwise of any of the information, services, facilities, data or material displayed on or accessed from this website.
7.6. The user hereby indemnifies and holds Zivanza and its suppliers harmless against any and all claims in respect of any loss or damage referred to in clauses 7.1 to 7.4 of these terms and conditions.
7.7. Notwithstanding the foregoing, no provision in these terms and conditions excludes or limits, or purports to exclude or limit, in any way our liability to you where it would be unlawful to do so.
8. ONLINE COMMUNICATIONS
8.1. Where any user is permitted to participate in online communications such as requesting information, receiving alerts, sending and receiving e-mail, downloading and uploading files and other uses permitted by Zivanza, such access and participation is subject to the following:
9. SUSPENSION AND TERMINATION
9.1. In the event that a user should engage in any one or more of the prohibited practices or fail to comply with any obligations contemplated in these Terms or otherwise breach any of the provisions of these Terms, which shall be determined in Zivanza’s sole discretion and which decision shall be final, then Zivanza shall be entitled, without prejudice to any of its rights, to:
9.2. The suspension or termination of a user’s right to use or access this website or any part thereof, will not affect the provisions of these terms and conditions, which shall survive any such suspension or termination.
10.1. Zivanza may deliver notice to the user under these terms and conditions by means of e-mail, a general notice on this website, or by written communication delivered by registered post to the user’s address on record. A user may give notice to Zivanza at any time via e-mail at firstname.lastname@example.org or by registered post to Wafi Residence Office RHEU, Dubai Health Care City Metro, Umm Hurair 2, Dubai PO Box 128720, United Arab Emirates.
10.2. An e-mail duly transmitted by either party shall be deemed to have been received 1 (one) day after the date of transmission provided that no notice has been received indicating a failure of or inability to deliver such message. Correspondence sent by registered post shall be deemed to have been delivered 6 (six) business days after the date of posting.
11. THIRD-PARTY RIGHTS
11.1. The provisions of these Terms are stipulated for the benefit of Zivanza, its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these persons or entities shall have the right to assert or enforce any of these provisions directly against the user on its own behalf which persons or entities hereby accepts such stipulation.
12. LAW TO APPLY
12.1. The provisions of these Terms are governed by the laws of the United Arab Emirates and the Emirate of Dubai.
12.2. All users, patients, individuals, families, businesses and corporates who interact with Zivanza are expected to be fully compliant with the laws, rules and regulations in United Arab Emirates and the Emirate of Dubai and of any other jurisdiction the patient and / or any individual and / or any family and / or any business and / or any corporate interacting with Zivanza are subject to. Zivanza cannot and will not take any responsibility and / or any liability whatsoever for compliance of any law, rule and / or regulation outside United Aran Emirates (and in their respective jurisdiction) which is, shall be and remain solely the responsibility of the patient and / or any individual and / or any family and / or any business and / or any corporate who interacts with Zivanza and / or MUrgency Inc. Directors and / or Zivanza Staff.
13. WHOLE AGREEMENT
These Terms constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
14. NO WAIVER
Failure or neglect by Zivanza to fully enforce at any time any of its rights or any of the provisions of this agreement, shall not be construed as a waiver of its rights, nor shall such failure or neglect in any way act as an estoppel or effect the validity of the whole or any part of these terms and conditions, nor prejudice Zivanza’s rights to take any action which may have arisen in the past or which may arise in the future.
15.1. Zivanza reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
15.2. Zivanza may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such amendment or modification on this website. A user may request e-mail notification of such amendments or modifications by contacting Zivanza at email@example.com.
15.3. It is the responsibility of all users to be regularly ensured that they are aware of any modifications and/or updates or changes.
15.4. The continued use, access to or viewing of this website and or the services offered by a user shall be deemed to be conclusive acceptance of such modified terms and conditions.
In the event that any provision of these terms and conditions is found to be invalid, unlawful or unenforceable, such provision will be separable from the remaining provisions, which shall continue to be valid and enforceable.
17. CESSION AND DELEGATION
17.1. The user shall not cede any of his/her rights nor delegate any of his/her obligations under these Terms.
17.2. Zivanza shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under these terms and conditions.