Terms of Use

1. Application of the Terms of Use

All parties who have registered user accounts (i.e. profiles) in the Mediclinic application (app) service (“Mediclinic app” or the “Service”), or parties who provide someone access to their own user account or information to Mediclinic app or otherwise use Mediclinic app or the information obtained from Mediclinic app concerning themselves or another person (“the User”) accepts and agrees to comply with these Terms of Use. These Terms of Use apply to both the Mediclinic app online service and mobile application. The online service and the mobile application may differ from each other. Mobile applications of different operating systems may also differ from each other. As the Terms of Use can be updated from time to time as described in Section 12, the Users are encouraged to review these Terms of Use on a regular basis.

Very importantly, the service should not be used in case of the need for emergency care, in which case the User should always call 999 or go to the emergency department.

2. Purpose and content of Mediclinic app

Mediclinic app is a service provided by MEDICLINIC MIDDLE EAST MANAGEMENT SERVICES FZ LLC (“Mediclinic”), which enables the storage and viewing of information related to health and well-being and the development and transmitting of information about services related to health and well-being. Mediclinic app also provides health care and other related services.

The User can store, transfer and process data related to their own health and well-being, such as vaccination data, self-measured weight or blood pressure readings, and data and documents related to doctors’ appointments and examinations outside Mediclinic. The information stored by the User is not available to a health care professional providing services at Mediclinic (“the professional”), unless the User expressly authorises it in Mediclinic app. The User granting permission does not mean that the professional will read the data automatically or proactively in connection with the treatment event, therefore the User must individually agree with the professional at each treatment event that the professional will become familiar with certain data stored by the User in Mediclinic app. The professional decides on a case-by-case basis whether to include this information in any part in a separate patient register maintained by Mediclinic.

The data stored in Mediclinic app by the User is not patient data in the sense that their processing would be subject to the same obligations as those applicable to the patient data stored by a professional in connection with appointments, procedures and examinations. However, the User may separately agree with the professional that the data will be used in connection with the treatment, in which case the professional can store data from Mediclinic app in a separate Electronic Health Record system in connection with the treatment.

Mediclinic app is separate from the patient information system maintained by Mediclinic, which covers patient information about the treatment and examinations provided by Mediclinic and the private practitioners operating at Mediclinic. Mediclinic app, however, gives the User the right to view the patient information and visit history stored in Mediclinic hospitals, clinics and outpatient facilities. However, the visibility of the data may be partially limited for therapeutic reasons.  

A person registered for the Service may provide consent to another person, or on the basis of a legal agent, custodian or guardianship relationship authorising another person to view and process the data registered in the Service, which is stored personally, and partially limited data of Mediclinic’s patient register.

The User can store and update their personal and contact information as well as their personal settings (restrictions and consents) in the service in terms of Mediclinic app, their customer relationship regarding other Mediclinic ’s services and the separate Mediclinic’s patient register.

The User can send, to a limited extent, a message via Mediclinic app to a professional working at Mediclinic   who is treating them. However, there is no guarantee that the message will be read and therefore in instances where the matter is important or urgent the User must always make an appointment through the normal Mediclinic ’s appointment service. Mediclinic has the right to direct and restrict the sending of messages only to a specific person.

The Mediclinic app provides the services of the digital medical clinic, Digital Clinic. The use of the Service is based on the customer relationship with Mediclinic , its partner or a public primary health care provider. Some customer relationship information, such as voluntary insurance information, is managed in the Mediclinic app ’s My Information section.

The services of the Digital Clinic can be provided by Mediclinic ’s professionals, private practitioners or Mediclinic ’s partners. Some of the services are subject to a fee. Examination referrals made in connection with Digital Clinic visits, which are charged to the User according to the current price list, are also considered as services subject to a fee. As a rule, the services provided by professionals consist of handling one issue at a time. If the visit concerns several separate issues, we reserve the right to charge for each issue individually. If your issue is not suitable for handling at the Digital Clinic, we will refer you to the right care and will not charge you for the visit. However, we reserve the right to charge a fee for your visit if your issue requires more extensive familiarisation from the doctor or the doctor provides treatment instructions. We also reserve the right to charge for non-therapeutic discussions. The professionals provide services in English and Arabic.

The Service includes, at Mediclinic ’s discretion, service and reminder messages sent to an email address, mobile phone number and/or mobile application notifications, for example, a reminder of booked appointments, notification of the completion of examination results or professional’s message from the Digital Clinic. The User may prohibit the sending of service or reminder messages, but the User must understand its impact, for example, on the precision and efficacy of the Digital Clinic services.

The Mediclinic app service may also contain up-to-date information and offers about the services of Mediclinic or its partners. The User may consent to the sending of the Mediclinic newsletter and/or other up-to-date marketing communications about the products and services of Mediclinic or its partners to an email or mobile phone.

Mediclinic may use the Service and the information contained therein for the management of customer relationships concerning other health and social services, well-being and other related services; conducting customer relationships, customer history, feedback, satisfaction data, surveys and studies, quality monitoring and development, monitoring and analysis; targeting communications, marketing and services and other organisation, development and provision of services.

The Service may provide information about third party services or links to such services.

3. Fees

A fee may be charged for the Mediclinic app service package or the separate services included therein in accordance with the current price list in the Mediclinic app service. In addition, the User is charged a fee for services that may be provided via Mediclinic app by a professional working at Mediclinic. This fee is a time-based fee or another charge in line with the valid price list.  .

The services purchased directly from the Mediclinic app Service are charged to the payment instrument indicated by the customer, the details of which are provided to the payment service provider used by Mediclinic. Mediclinic is not responsible for matters related to the transmission of payments, but each payment service provider is responsible for them. If the payment service provider is unable to charge the payment instrument you have indicated, we will send the invoice details to the email address you have provided. If we are not able to charge the payment instrument you have indicated and we do not receive your payment on the invoice sent to the email address you have provided within the payment period, we will initiate the collection procedure in accordance with our usual practices.

If the User utilises third-party services communicated through or conveyed by Mediclinic app, the price list and terms of the third party shall be applied.

The User is responsible for the costs resulting from their own data connections, hardware and software.

4. Registration with Mediclinic app 

Registration with the Service requires the User to have an Emirates ID and personal online banking credentials accepted by Mediclinic or other means of strong authentication, unless otherwise stated below. After the registration, the authentication to the Mediclinic app mobile application can also be carried out via a separate user ID created in the service.

The registration and access rights are linked to a specific individual, so the User must always use their own personal information and personal identification data for logging in to the user account.

5. Minors’ registration and use of the Service

In terms of Federal Law No. 3 of 2016 On Child Rights (Wadeema’s Law), a minor or child is anyone under 18 years of age.

A minor without online banking credentials cannot register for the Service on their own. The child’s parents / legal guardian can register the child’s service to the family profile and use the Service on their behalf, only, however, on the following conditions, which the guardian is obliged to comply with at the time of registration and every time the Service is used on behalf of the child. In the Service, the parents / legal guardian can view, add and otherwise process information on the child in the same manner and extent the guardian can their own information.

• The child’s information is confidential and no unauthorised access is allowed. The guardian may perform the registration and use the Service on behalf of a child under their legal guardianship.
• The parents / legal guardian must respect the child’s right to privacy in all situations. Before each use of the Service, the guardian must consider whether there is a need to discuss the intended use with the child before using the Service and assess the child’s opinion on the matter whenever this is possible in view of the child’s age and level of development.
• If the child can understand the meaning of the registration or use of the Service, the parents / legal guardian should not perform the registration or use    in any other way than the one that the child prefers.
• The parents / legal guardian are only allowed to perform the registration and use the Service in accordance with the best interest of the child.
• The parents / legal guardian cannot register or use the Service on behalf of the child, if the registration or use is not in the child’s best interest.
• The parents / legal guardian must exercise special consideration before viewing information on the child from the separate patient register, even if Mediclinic app only makes limited patient register data available.
• The parents / legal guardian must consider the appropriateness of use before each occasion of use, taking into account the child’s age and level of development as well as the child’s other conditions and issues.
• It is always the parents’/ legal guardian’s responsibility to apply consideration beforehand and to take into account what constitutes appropriate action or use before each occasion of use.
• If the use of Mediclinic app is counter to the child’s best interest or otherwise prohibited, Mediclinic must be notified of this. 
• The parents / legal guardians of the child are jointly responsible and must make joint decisions concerning the child and agree to the use of    Mediclinic app. A parent may not register the child with Mediclinic or use Mediclinic app without the consent of the other parent. 
• The parent / legal guardian using the Service on behalf of the child is responsible for ensuring that the child’s user account is used correctly in accordance with the legislation.

The parents / legal guardian are obliged to notify Mediclinic of changes in the custody relationship or guardianship if this results in a change in the access right to the child’s data in Mediclinic app.

6. Connecting a data subject to a family profile and giving access to another person

The person to be connected to the family profile is sent an invitation to join the Service, which the recipient must accept or reject while logged in to Mediclinic app with their own online banking credentials. If the invited person accepts to be connected to the family profile, both the inviter and invited person will be connected to each other’s family profiles. However, this connection does not yet open the view to another person’s health information or enable possible processing of it, which requires separate consents from both persons in the profile management.

It is requested that both the consent to be connected to another person’s family profile and the consent to view and process the data are primarily provided in the Service in the Profile Management section, but they can also be given and withdrawn by signing a separate document. An adult legally incompetent person cannot consent to a family profile connection.

A data subject may give another person the right to view and process their data which can be viewed in a limited way from a separate patient register and which is stored by the data subject or by another User with their express informed consent.

7. Services provided by third parties

The Service may provide information about third party services, actual third-party services or links to such services. The User may use these third-party services via Mediclinic app ´s links or otherwise through Mediclinic app, but it should be clearly noted that Mediclinic is not, even then, a party to the agreement or otherwise responsible for the information provided or transmitted by the User and third party or for its delivery. In any case, Mediclinic is not responsible for any information, services, actions or omissions provided by the User or a third party.

8. User rights and responsibilities

The User may use and undertakes to use the Service only to support the health and well-being of the data subject and solely in the interests of the data subject and in accordance with other good practices, the consents required by the legislation and the Terms of Use of Mediclinic app and the orders and instructions of the Mediclinic valid at that time. The Service may not be used for commercial purposes.

It is very important to always remember that the data stored by the User will not, as such, become available or even known to the professional, but will always have to be separately agreed and disclosed to the attending professional, in which case the User must ensure that the attending professional has also processed the data that the User wanted to be processed. The User is responsible for the information provided and understands that the information provided by the User does not replace the information obtained by the professional through personal appointments, measurements or examinations.

The User is responsible for the accuracy and arrival of the data stored and processed by the User and for ensuring that only data related to the health and well-being of the data subject is stored in Mediclinic app for the purposes of Mediclinic app. The User must take all reasonable steps to ensure that the material does not contain malware or is otherwise harmful.

It is always the responsibility of the User to consider whether to conduct a personal appointment, treatment or examination with a professional. The decision and responsibility for the use and non-use of such personal service, as well as more generally Mediclinic app, lies solely with the User.

When the User connects a person of determination and/or minor (child) to the family profile, the User accepts the Terms of Service on behalf of the person of determination and/or minor (child) and is responsible for being the legal agent of the person of determination and/or minor (child) and that the User has the right to view and process the data in accordance with Federal Law No. 2 of 2019 Concerning the Use of the Information Communication Technology in the Areas of Health as well as other applicable data laws and regulations of the United Arab Emirates to the extent and for as long as the User views or processes the data of the person of determination and/or legally incompetent minor (child). The User is responsible for the necessary communication with the person of determination and/or minor and the other parent, where applicable.

Mediclinic has the right to check the accuracy of persons’ names, identities and address information and the existence of dependency relationships from information available to it. The personal identity code   shall be used for checks. However, any checks carried out by Mediclinic do not alter the fact that each person is always responsible for providing correct and sufficient contact and other necessary information about themselves and has the right to view and process the data of another person.

If the User detects or suspects that there is incorrect information in their own information or that of others or the use is in contravention of these Terms, the User must immediately inform Mediclinic.

Each User undertakes to keep all information concerning another person and other information obtained through the Service confidential, and not to use, display or disclose it.

Each User shall be liable for claims against Mediclinic, Mediclinic’ s employees or private practitioners and for any damage caused by the User’s actions or omissions.

9. Mediclinic’s rights, responsibilities and limitations of liability

Mediclinic app enables the management of the User’s own health information and communication to the extent that Mediclinic allows at the given time.

In addition to the remote appointment services provided by health care professionals, the service may, for example, provide general and personal instructions, which do not, however, replace the personal appointments, treatment or examinations of the health care professional.

Mediclinic is not responsible for the completeness, accuracy or uninterrupted nature of the Service or for the consequences of using or not using the Service.

Mediclinic is not responsible for the functionality of the data connection and telecommunications services between the User and Mediclinic. Mediclinic has the right to not approve the registration and to restrict, suspend or remove content from the Service at its discretion, for example, due to load or other technical reasons or due to maintenance, suspected misuse or connection problems.

Mediclinic produces and delivers the Service as it is available. Mediclinic  is not responsible for the costs of the User or a third party or for any direct or indirect damages to the User or a third party as a result of using or not using the Service or otherwise. In all situations, Mediclinic’s liability is no more than what is laid down in the mandatory legislation in the United Arab Emirates.

Mediclinic  shall not be liable for delays or other breaches of obligations caused by reasons beyond   Mediclinic’ s control, such as strikes and other industrial actions, fire, illness, interruption of electricity supply, data connections or the functionality of information systems, action under public law measure or any other reason that Mediclinic  cannot reasonably be expected to eliminate.

All rights to Mediclinic app belong to Mediclinic. The User may not copy, save, reproduce, modify or transfer Mediclinic app. However, the User has the right to store individual information about themselves and the persons connected to the User’s profile for the purposes and in accordance with these Terms of Use.

10. Use of personal data

The Service may store and otherwise process sensitive personal data. This information is confidential and may only be processed and used in accordance with these Terms of Use, applicable legislation and User consents.

When using Mediclinic app, the User accepts the valid Privacy Statement for Mediclinic app, which can be read on Mediclinic’ s website at www. mediclinic.ae.

The patient register   maintained by Mediclinic is a separate register from the Mediclinic’ s customer register included in Mediclinic app which covers patient information about the treatment and examinations provided by Mediclinic and independent private practitioners providing services at Mediclinic as data controllers. The information stored by the User in Mediclinic app   about the User’s health status, treatments or examinations performed elsewhere does not, as such, become part of the patient data, but is decided by the attending professional, if so agreed between the attending professional and the User in connection with the treatment given at Mediclinic.

11.Data security

Mediclinic app operates on the internet and can be accessed via a secure data connection, for example, via a computer, mobile phone, tablet or other device’s browser. Mediclinic also has the right to provide the service through another technical application.

The User understands and accepts that network and mobile services may involve risks. The User is responsible for the appropriate information security of their own devices, operating environment, identifiers and operations.

Mediclinic app is logged into using personal online banking credentials or other authentication approved by Mediclinic. Mediclinic seeks to organise the Service and information security with appropriate technical solutions.

Mediclinic can make backups as long as Mediclinic app is valid for the User in question, but    does not guarantee copies of all data entries made by the User and is not otherwise responsible for backups in all situations. For the above reasons, each User is responsible for any backups that they deem necessary in all situations, both when using the Service and especially at the end of the Service.

When the use of Mediclinic app is discontinued, Mediclinic deletes all data stored by the User concerning Mediclinic app and the User’s Mediclinic app profile, but the data concerning other services (such as feedback and data used to allocate services) remain in   Mediclinic’s customer register and the patient data in the separate patient register remain in a separate patient register.

The User undertakes to keep the login credentials confidential and immediately notify Mediclinic’ s Customer Service Centre if the credentials fall into the wrong hands or the User detects problems with the Service.

Cookies are used in Mediclinic’s online services in accordance with the terms of use of the websites. The Terms of Use can be found at. 

12. Modification of Terms, issuing of regulations and instructions and termination of agreement

The User has the right to terminate the use of Mediclinic app at any time. The User must notify the termination in person by means of a notice signed at  Mediclinic’ s medical clinic or by any other means indicated in the Service  .

Mediclinic has the right, at its sole discretion, to change the content, prices and terms of the Service, to issue directives on the use of the Service and, at its sole discretion, to restrict, suspend and also terminate the Service. Mediclinic seeks   to notify significant changes in connection with the Service. If the User continues to use the Service, this means implied acceptance of the changes. If the User does not accept the changes, directives or instructions, the User must immediately stop using the Service and declare that they will terminate the agreement as mentioned above.

Prior to termination of the Service, the Service and/or the email address provided by the User in the Service shall be notified.

After the termination of the agreement and the Service, the User has no right to use the Service. After the decision, Mediclinic has a reasonable time to close the Service for the User as well as to delete the data stored in the Service to the extent that there is no legal obligation to store the data.

13. Other terms

These Terms and the Service are governed by the laws of the United Arab Emirates.

Health services are also subject to the general terms and conditions for health services, which can be found on Mediclinic’s website www.mediclinic.ae.

14. Additional information and Mediclinic’s contact information

The Mediclinic app service is organised by Mediclinic, Business ID. All enquiries, comments, suggestions and other feedback concerning Mediclinic app must be made using the Mediclinic app link on the Internet in accordance with the instructions provided on Mediclinic’ s website (www.mediclinic.ae ).