Terms & Conditions

DEFINITIONS

Applicable Laws: the laws and regulations of the United Arab Emirates “UAE”, especially the Laws concerning the Use of the Information and Communication Technology in the Areas of Health and concerning the Protection of Personal Data.
Authorities: the competent government authorities in the UAE.
The Life Corner (TLC): a Limited Liability Company established and organized under the laws of the United Arab Emirates – Abu Dhabi, and its Subsidiaries.
Partners: TLC affiliates or any third party engaged with TLC and involved in Dawak App. (Together referred to as TLC and Partners).
Patient / User: Any living person that downloads and uses the Dawak App to order and receive prescribed medications and/or any other healthcare products listed in Dawak App. (Referred to as “you”).
Medication / Medicine / Drugs: Any product that contains an active ingredient or a group of active ingredients that accomplish on/in human or animal through a biological effect. This product is manufactured, sold, or made available to be applied in the following cases:
- Diagnosis, treatment, cure, relief, or prevention of illness.
- Restoration, renovation, modification, or correction of organ’s function.
Healthcare Product: Any medical product used for general health of a human and not specific for the diagnosis, treatment, or cure which does not require a prescription on dispensing or direct medical supervision when applied.
Prescription: A written, or electronic document issued by a healthcare professional duly licensed to dispense according to the executive Applicable Laws, resolutions, orders, and instructions issued in this regard. Further, oral order issued by a healthcare professional is deemed a prescription, provided it must be documented later according to ministerial resolution.
Dawak App: the mobile application through which the Medications and Healthcare Products are offered and delivered to the Patient/User.
Delivery: the voluntary physical transfer of the Medicines/ Healthcare Products by the Delivery Company engaged with TLC and Partners to the Patient’s/User’s doorstep.
Personal Data/ Data: anything that maybe stored, processed, generated, and transferred through the Information and Communication Technology (ICT) that belongs to an identified or identifiable Patient/User, including but not limited to identification data, prescriptions, medical data, medical results, biometric screening, numbers, letters, codes, photos …
Content: any form of information, data or creative expression including, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, likes, comments, software, scripts, executable files, graphics, geo-data, biometric data and data elements derived therefrom, meals, annotations, nutrition information, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
Services: assistance and benefits introduced by TLC and Partners within Dawak App for all Patients/Users using this App.
Information and Communication Technology (ICT): technical or electronic tools or systems or other tools allowing all kinds of processing of information and data including the ability of storage, retrieval, dissemination, and exchange of information.
Processing: The electronic creation, entry, amendment, update, or deletion of the information.
Profile: the personal space dedicated for each Patient/User within Dawak App to upload and manage the Personal Data and benefit from the Services.

THE SERVICES

TLC and Partners will provide the Dawak App as an online digital pharmacy that aims to revolutionize the way Patients/Users access, purchase, and consume their Medicines and Healthcare Products.

Through Dawak App, Patients/Users will be able to order their Medicines/ Healthcare Products conveniently from the comfort of their own homes, without the need to physically visit a pharmacy.

Patients/Users download Dawak App on their mobile phones and upload their Personal Data and Medicine Prescription/ Healthcare Products order for the purpose of their acquisition of the delivered Medicines/ Healthcare Products by Dawak.

By downloading the Dawak App, the Patient/User will enter directly into a contractual relationship with TLC and Partners and agree to comply with these Terms to all what is related to his/her Personal Data and processing this data strictly by TLC and Partners to benefit from the Services provided by Dawak App.

The Services may change frequently, and their form and functionality may change without prior notice.

SCOPE AND NATURE OF THE SERVICES

3.1 Who can use the Dawak App

Only Patients/Users at the age of 18 years and above, living in the UAE, and holding prescriptions addressed to them by their Doctors/Physicians, are authorized to create a profile on Dawak App and benefit from its Services through scanning the mentioned prescription and getting their medications delivered to their doorstep. Moreover, guardians and caregivers can also order medicines through Dawak for their dependents after due authorization.
Also, Users might access Dawak App to order and purchase Healthcare products from Dawak App platform.

3.2 Nature of Services

Dawak App offers assistance and delivery services that begin with the processing of the Patients’/Users’ Personal Data uploaded by them on this App and their Prescription with the named Medicine/Healthcare products they shall get, where Dawak App will manage to get and deliver these Medicine/Healthcare products to the Patients/Users within a short time period and with the most hygienic way possible and in compliance with relevant Applicable Laws.
Dawak App also offers a variety of healthcare products as well as OTC (Over the Counter) items that can be purchased by Patients/ Users.

Also, Services related to counselling and health education (how to intake the Medicines and Healthcare Products, side effects, etc..) for Patients/Users will be available on Dawak App for assistance.

THE PROCESS

Dawak App consists of a pharmaceutical- healthcare portal. It enables Patients/Users to conveniently order Medicine/Healthcare products from their mobile devices through scanning existing Prescriptions (using a QR code feature or taking a photo of the Prescription and uploading it to the Patient’s/User’s Profile) or through purchasing OTC (Over the Counter) items.

Dawak App will allow Pharmacists to have visibility of orders placed, raise and track insurance requests, prescription details for dispensing, delivery slots selected by customer, etc.

After the Prescription is scanned/order is placed, the recommended Medicine/Healthcare products for each Patient/User are prepared to be delivered at a designated date of Delivery, by a third party engaged with Dawak App designated for the mission of Medicine/Healthcare products Delivery. Delivery will be either in regular Medicine packaging, or in the form of dosage sealed sachets in Dawak boxes containing the recommended quantity of Medicine/Healthcare Products requested by the Patient’s/User’s Doctor/Physician or a combination of both regular packaging and Dawak box containing dosage sealed sachets.

Dawak App will enhance medical adherence by sending reminders to Patients/Users for timely Medication consumption. This feature will help Patients/Users adhere to their Medication schedule and enable caregivers to track the Patient’s/User’s performance. Counselling video calls by pharmacists will help make sure the Medicine/Healthcare products are taken accurately.

DATA STORAGE

Dawak App will store all the required information provided by the Patients/Users and share it with the Authorities for analysis.

Dawak App will store Individual Personal Data only for at least 15 years in conformance with the applicable data protection regulations, requirements of governmental authorities and/or law provisions.

Dawak App will be following high standards of confidentiality and non-disclosure. However, Dawak App may share Personal Data with the Authorities if required by the Applicable Laws.

Dawak App implemented a variety of technological and organizational procedures and measures to ensure the integrity and confidentiality of Personal Data from unauthorized access, use and disclosure. These measures shall consider the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, in accordance with the Applicable Laws.

Personal Data will be stored on Dawak App servers that have various types of technical and physical access controls, which may include, if appropriate, encryption. Dawak App may also aggregate, pseudonymize or anonymize Personal Data to ensure that no personally identifiable information is shared with a third party, unless there is a legitimate interest in such communication.

Personal Data stored on Dawak App servers will be reasonably protected from accidental or unlawful destruction, loss, alteration, unauthorized access, or disclosure.

Patients/Users are not allowed to use, copy, monitor, display, download or reproduce any content, information, software, products, or services available on Dawak APP for any purpose.

Dawak App retains the Patient’s/User’s Personal Data, and each Patient/User is allowed to request Dawak App to remove and delete these Data.

Patients/Users may access, modify, or remove any Data that is stored on their behalf. If they have inadvertently submitted any Data to Dawak App before reading these Terms and Conditions and they do not agree with the way such Data is collected, stored, or processed, Patients/Users can request that this Data is removed from Dawak App platform.

These Terms and Conditions extend to all Patients/Users who use Dawak App and therefore it is expected that before sending any Personal Data, Patients/Users read and understand these Terms and Conditions.

CONDUCT

In connection with the Content uploaded, posted on, transmitted through, or linked from the Dawak App, Patients/Users acknowledge that:

They grant Dawak App all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on Dawak App for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked. Dawak App reserves the right to decide if any content is Intellectual rate and complies with its policies.

They are responsible for maintaining the confidentiality of all actions that take place while using their Profile and must notify Dawak App right away of any actual or suspected loss, theft, or unauthorized use of the Profile or account password. Dawak App is not responsible for any loss that results from unauthorized use of their username and password. Dawak App does not provide any guarantees if any complications arise while doing registration, using the Application.

They agree to receive our phone calls, messages, E-mails, and notifications related to their orders/request on Dawak App.

They agree that upon signing up to receive Dawak App notifications. Dawak App may periodically send E-mails about new products, special offers or other information, which you may find interesting and beneficial as well. If you do not wish to receive promotional information from Dawak App, you can, at any time, choose to opt out of receiving Dawak App promotional e-newsletters.

They are prohibited from posting, emailing, hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information on Dawak App or otherwise make available content that:

Violates any of the Applicable Laws;
Copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights.
Infringes any of the foregoing intellectual property rights of any third party.
Is harmful, abusive, unlawful, threatening, harassing, blasphemous, obscene, pornographic, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
Harasses, degrades, intimidates or is hateful towards any individual or group of Individual on the basis law of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Includes personal or identifying information about any other party;
Is false, deceptive, misleading, deceitful, misinformative;
Advertises any illegal services or the sale of any items which is prohibited or restricted by the Applicable Laws.
Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resources;
Attempts to gain unauthorized access to computer systems owned or controlled by Dawak App;

For Patients/Users using the Dawak App within European Union countries or otherwise being protected by the GDPR, TLC and Partners will follow the GPDR standards applicable to Personal Data.

LIMITATIONS OF LIABILITY

The rights or remedies Patients/Users may have against Dawak App are limited or excluded; and Patients/Users take on risks, responsibilities, and liabilities of accessing and/or using the Dawak App.

Patients/Users indemnify, defend, and hold Dawak App harmless against liability and claims damages (whether direct, indirect, or consequential), obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

Any side effects resulting from the Medicine chosen by the Patient’s/User’s Doctor/Physician;
The fact that the Patient/User did not consume his/her recommended Medicine by the Doctor/Physician;
The Medicine reminder sent by Dawak App is only an additional service and the fact of the Patient/User not receiving a Medicine reminder -for any reason- by Dawak App, does not deem Dawak App responsible for any liability;
The efficiency of the Medicine chosen and referred to by the Patient’s/User’s Doctor/Physician, where Dawak App is responsible for the Delivery services only;
Individual violation of any provisions of these Terms;
Individual violation of third-party rights, including without limitation any copyright, trademark, trade secret or other property, or privacy rights;
Any third-party claim that was caused damage due to the Individual’s content or use of Dawak App;
Any consequences resulting from any aspects of Individual access or use or misuse of Dawak App;

Dawak App liability is limited to keeping a safe transaction of Personal Data and to coordinating between engaged third parties and UAE’s concerned Authorities.

ITELLECTUAL PROPERTY

Dawak App does not permit copyright infringing activities and infringement of intellectual property rights on Dawak App, and may at its sole discretion, remove any Content/Data without prior notice.

All results related to the Data Processing are an exclusive right for Dawak App, and Patients/Users cannot share any details to whatsoever is related to Dawak App or any other Patients/Users.

MISCELLANEOUS

Dawak App may amend the Terms from time to time. Amendments will be effective upon posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). The Patient’s/User’s continued access or use of the Services after such posting confirms their consent to be bound by the Terms, as amended.

If a court of competent jurisdiction determines that any provision of this Agreement is void, illegal or unenforceable, the other provisions of this Agreement shall remain in full force and effect while the provisions that are determined to be void, illegal or unenforceable shall be limited to the extent permissible by law and to remain in effect for such extent.

You agree that by accessing the Dawak App, you have read, understood, and agreed to be bound by these Terms and Conditions of use. Otherwise, you are expressly prohibited from using the Dawak App and you must not proceed.