Seventhsense company (“SEVENTHSENSE”) is the author and publisher of the internet resource www.mytabeeb.pk and the mobile application ‘mytabeeb’ (together, “Website”). SEVENTHSENSE owns and operates the services provided through the Website.
- NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- 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
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website(“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services made available by SEVENTHSENSE on the Website, which are offered free of charge to the Users (“Services”), including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
- For other Users: (i) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by SEVENTHSENSE.
The Services may change from time to time, at the sole discretion of SEVENTHSENSE, and the Agreement will apply to your visit to 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. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
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 SEVENTHSENSE.
The Agreement is published in compliance of, and is governed by the provisions of Pakistan law.
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 SEVENTHSENSE 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.
The terms in this Clause are applicable only to Users other than Practitioners.
- END-USER ACCOUNT AND DATA PRIVACY
- SEVENTHSENSE 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 SEVENTHSENSE’s services and to build new services.
- The purpose, means and modes of usage of such information;
- How and to whom SEVENTHSENSE will disclose such information.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information.
- SEVENTHSENSE may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- SEVENTHSENSE 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. SEVENTHSENSE takes reasonable efforts to ensure that such information is updated at frequent intervals. Although SEVENTHSENSE 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.
- The Services provided by SEVENTHSENSE 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). SEVENTHSENSE does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. SEVENTHSENSE 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, SEVENTHSENSE 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 SEVENTHSENSE or any User in relation to any User or services provided by such User.
- The Website may be linked to the website of third parties, affiliates and business partners. SEVENTHSENSE 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 SEVENTHSENSE endorses the linked site. User may use the links and these services at User’s own risk.
- SEVENTHSENSE 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.
- INTERACTION WITH PRACTITIONERS
- You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold SEVENTHSENSE responsible for any such interactions and associated issues. For avoidance of doubt, SEVENTHSENSE is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by SEVENTHSENSE of any such particular Practitioner. SEVENTHSENSE shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
- Without prejudice to the generality of the above, SEVENTHSENSE will not be liable for:
- any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- cancellation or rescheduling of booked appointment or any variance in the fees charged;
- any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
- DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
- 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 may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between SEVENTHSENSE 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.
- It is hereby expressly clarified that, the Information that you obtain or receive from SEVENTHSENSE, 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.
- 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.
- CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website are (i) User generated content, or (ii) belong to SEVENTHSENSE. The information that is collected by SEVENTHSENSE directly or indirectly from the End- Users and the Practitioners shall belong to SEVENTHSENSE. Copying of the copyrighted content published by SEVENTHSENSE on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SEVENTHSENSE reserves its rights under applicable law accordingly.
- 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, "SEVENTHSENSE Content"), are the property of SEVENTHSENSE and are protected under copyright, trademark and other laws. User shall not modify the SEVENTHSENSE Content or reproduce, display, publicly perform, distribute, or otherwise use the SEVENTHSENSE Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
The terms in this Clause are applicable only to Practitioners.
- LISTING POLICY
- SEVENTHSENSE, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. SEVENTHSENSE 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 SEVENTHSENSE immediately to enable SEVENTHSENSE to make the necessary amendments.
- SEVENTHSENSE shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
- SEVENTHSENSE reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.
- 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 SEVENTHSENSE accepts no liability for the same.
- PROFILE OWNERSHIP AND EDITING RIGHTS
SEVENTHSENSE ensures easy access to the Practitioners by providing a tool to update your profile information. SEVENTHSENSE reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, SEVENTHSENSE 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 SEVENTHSENSE’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, SEVENTHSENSE may modify or delete parts of your profile information at its sole discretion with or without notice to you.
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 SEVENTHSENSE.
- SEVENTHSENSE REACH RIGHTS
SEVENTHSENSE reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, SEVENTHSENSE will not be liable for the accuracy of information or the claims made in the Sponsored Listings. SEVENTHSENSE does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. SEVENTHSENSE will not be liable for the services of the providers of the Sponsored Listings.
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 SEVENTHSENSE accepts no liability for the same.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- Users 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 Pakistan, 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.
- Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any SEVENTHSENSE 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 SEVENTHSENSE;
- 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 SEVENTHSENSE Content or other information available from the Website;
- Framing or hot linking or deep linking any SEVENTHSENSE Content.
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- SEVENTHSENSE, 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. SEVENTHSENSE 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.
- SEVENTHSENSE 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.
- SEVENTHSENSE respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
- SEVENTHSENSE 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;
- SEVENTHSENSE is unable to verify or authenticate any information provide to SEVENTHSENSE by a User;
- SEVENTHSENSE has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- SEVENTHSENSE believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for SEVENTHSENSE or are contrary to the interests of the Website.
- LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall SEVENTHSENSE, 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:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions or data; or
- 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).
RETENTION AND REMOVAL
SEVENTHSENSE 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. Computer web server logs may be preserved as long as administratively necessary.
- If a User has any questions concerning SEVENTHSENSE, the Website, this Agreement, the Services, or anything related to any of the foregoing, SEVENTHSENSE customer support can be reached at the following email address: email@example.com or via the contact information available from the following hyperlink: www.mytabeeb.pk/contact.
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.
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 SEVENTHSENSE. Any consent by SEVENTHSENSE to, or a waiver by SEVENTHSENSE 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.