Last updated: October 2024
Welcome to Dawak. The Dawak App/Website (“Dawak”), along with all associated applications, websites, services, and other sites linked to the Dawak is operated and owned by The Life Corner L.L.C., its subsidiaries and affiliates (“TLC”, “we”, “our” or “us”).
Dawak is a digital platform through which you (“you”, “your” or “Individuals”) can access the range of services made available by TLC and our partners and/or service providers (together referred to as “Service Provider(s)”). The wide range of services and/or procedures made available by us on Dawak, include but are not limited to the following:
- Delivery Services: Ensures timely and hygienic delivery of medicines and healthcare products.
- Product Offering: Provides a variety of healthcare products, including Over the Counter (OTC) items.
- Counselling and Health Education: Offers guidance on medicine usage, side effects, and health education.
(together referred to as the “Services”).
- DEFINITIONS
- ApplicableLaws: 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
- Partners: TLC affiliates or any third party engaged with TLC and involved in Dawak.
(Together referred to as TLC and Partners).
- Patient / User: Any living person that downloads and uses Dawak to order and receive prescribed medications and/or any other healthcare products made available on Dawak. (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.
- 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
- PersonalData/ 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.
- 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 to upload and manage the Personal Data and benefit from the Services.
- Terms
- These terms and conditions (“Terms of Use“) and the Dawak Privacy Policy (together the “Terms“) are a contractual agreement between you and us. These Terms govern your access to and use of Dawak. By downloading or accessing Dawak, or by otherwise using or attempting to use the Services, you agree to be bound by these Terms. Please do not use Dawak if you do not agree with these Terms.
- We may amend these Terms at any time by posting an updated version. We encourage you to check the Terms regularly for any amendments.
- Your continued use of Dawak will constitute your express consent to these Terms. The “Last Updated” legend above indicates when these Terms were last changed.
- Additional terms and conditions may apply to specific sections or features of Dawak, of which all terms constitute an integral part of these Terms. You agree to abide by such other terms and conditions, further stipulating that, if relevant, you affirm your legal capacity to consent to the aforementioned terms and conditions.”
- Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
- Your Usage of Dawak
3.1 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 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 to order and purchase Healthcare products from Dawak platform.
3.2 You may only use Dawak for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or in a way that restricts or inhibits anyone else’s use of Dawak.
- Without limiting the generality of clause 2, when accessing Dawak, or using our Services, you are strictly prohibited from posting, emailing, hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any content on Dawak that:
- Violates any applicable laws and regulations in the UAE, third party rights or our policies, such as third party’s intellectual property rights;
- Infringes upon copyright, patent, trade secret, trademark, or any other proprietary rights of third parties, including privacy and publicity rights;
- Contains personal or identifying information about any other party without their consent;
- Is false, deceptive, misleading, defamatory or misinformative (including but not limited to during the registration process);
- Advertises illegal services prohibited or restricted by applicable laws and regulations in the UAE;
- Contains viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of the Dawak;
- You may not copy, modify, distribute, sell, or lease any part of Dawak. You may not reverse engineer or attempt to extract the source code of Dawak. You may only access Dawak through the interfaces that we provide for that purpose (for example, you may not “scrape” Dawak through automated means or “frame” any part of Dawak), and you may not interfere or attempt to disrupt Dawak.
- You may not attempt to gain unauthorized access to any section or feature of Dawak, or any other systems or networks connected to Dawak, or to any of the Services offered on or through Dawak, by hacking, password “mining” or any other illegitimate means.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Dawak or our systems or networks, or any systems or networks connected to Dawak or to us.
- We reserve the right to restrict or terminate your access to, or use of, Dawak or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
4. THE PROCESS
Dawak 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 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 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 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.
5. DATA STORAGE
Dawak will store all the required information and Data provided by the Patients/Users and share it with the Authorities for analysis.
Dawak will store Individual Personal Data in conformance with the applicable data protection regulations, requirements of governmental authorities and/or law provisions.
Dawak will be following high standards of confidentiality and non-disclosure. However, Dawak may share Personal Data with the Authorities if required by the Applicable Laws.
Dawak 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 servers that have various types of technical and physical access controls, which may include, if appropriate, encryption. Dawak 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 servers will be reasonably protected from accidental or unlawful destruction, loss, alteration, unauthorized access, or disclosure.
Dawak App retains the Patient’s/User’s Personal Data, and each Patient/User is allowed to request Dawak to remove and delete these Data.
Patients/Users may access, modify, or remove any Personal Data that is stored on their behalf. If they have inadvertently submitted any Data to Dawak 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 platform.
These Terms and Conditions extend to all Patients/Users who use Dawak and therefore it is expected that before sending any Personal Data, Patients/Users read and understand these Terms and Conditions.
6. CONDUCT
In connection with the Content uploaded, posted on, transmitted through, or linked from Dawak, Patients/Users acknowledge that:
6.1 They grant Dawak all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on Dawak for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked. Dawak reserves the right to decide if any content is Intellectual rate and complies with its policies.
6.2 They are responsible for maintaining the confidentiality of all actions that take place while using their Profile and must notify Dawak right away of any actual or suspected loss, theft, or unauthorized use of the Profile or account password. Dawak is not responsible for any loss that results from unauthorized use of their username and password. Dawak does not provide any guarantees if any complications arise while doing registration, using the Application.
6.3 They agree to receive phone calls, messages, E-mails, and notifications related to their orders/request on Dawak.
6.4 They agree that upon signing up to receive Dawak notifications. Dawak 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, you can, at any time, choose to opt out of receiving Dawak promotional e-newsletters.
7. LIMITATIONS OF LIABILITY
7.1 The rights or remedies Patients/Users may have against Dawak are limited or excluded; and Patients/Users take on risks, responsibilities, and liabilities of accessing and/or using the Dawak.
7.2 Patients/Users indemnify, defend, and hold Dawak 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:
7.2.1 Individual violation of any provisions of these Terms;
7.2.2 Any side effects resulting from the Medicine chosen by the Patient’s/User’s Doctor/Physician;
7.2.3 The fact that the Patient/User did not consume his/her recommended Medicine by the Doctor/Physician;
7.2.4 The Medicine reminder sent by Dawak is only an additional service and the fact of the Patient/User not receiving a Medicine reminder -for any reason- by Dawak, does not deem Dawak responsible for any liability;
7.2.5 The efficiency of the Medicine chosen and referred to by the Patient’s/User’s Doctor/Physician, where Dawak is responsible for the Delivery services only;
7.2.6 Individual violation of third-party rights, including without limitation any copyright, trademark, trade secret or other property, or privacy rights;
7.2.7Any third-party claim that was caused damage due to the Individual’s content or use of Dawak;
7.2.8 Any consequences resulting from any aspects of Individual access or use or misuse of Dawak;
8. Indemnity
You agree to hold harmless and indemnify us, our parent Companies, subsidiaries, affiliates, Service Providers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of Dawak, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Dawak.
9. Force Majeure
Under no circumstances will we be held liable for any delay or failure or disruption of the content or services delivered through Dawak resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labor disputes, insurrections, civil disturbances, shortages of labor or materials, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
10. Intellectual Property
Dawak does not permit copyright infringing activities and infringement of intellectual property rights on Dawak, 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, and Patients/Users cannot share any details to whatsoever is related to Dawak or any other Patients/Users.
11. Termination
- If we believe that, your conduct is in violation of these Terms, applicable law, or otherwise harmful to our interests or any third party’s interest, we may terminate or suspend your access to all or part of Dawak, without court order and without prior notice.
- Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to intellectual property rights.
12. Entire Agreement
These Terms, as supplemented by any additional documents and any policies or rules posted on the App (including any amendments made from time to time to these Terms) set out the entire understanding and agreement between you and us with respect to the use of the App.
13. General Information
- Counterparts and Electronic Signatures: These Terms may be executed in any manner of counterparts, all of which shall constitute one and the same instrument, and any party hereto may execute these Terms, by signing and delivering one or more counterparts. Each party agrees that these Terms and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on these Terms, or such other documents are the same as physical signatures for the purposes of validity, enforceability, and admissibility.
- No partnership or agency: Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
- Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms and Conditions, the invalid, illegal or unenforceable provision will be severed, and the remaining provisions will remain in full force or effect.
- No Waiver: Any failure by us to enforce any provisions set out in these Terms or other terms with you is not a waiver of our rights to enforce those terms.
14. Governing Law
- These Terms shall be governed by and construed under the laws of the Emirate of Abu Dhabi, United Arab Emirates.
- The Abu Dhabi courts shall have exclusive jurisdiction in relation to all disputes (including claims for set-off and counterclaims) arising out of or in connection with this Agreement including, without limitation, disputes arising out of or in connection with:
- the creation, validity, effect, interpretation, performance, or non-performance of, termination or the legal relationships established by these Terms; and
- any non-contractual obligations arising out of or in connection with these Terms.
- These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
You agree that by accessing Dawak, you have read, understood, and agreed to be bound by these Terms and Conditions of use. Otherwise, you are expressly prohibited from using Dawak and you must not proceed.