These Terms of Service
(Terms) govern your access to and use of the [•
],
including the various data, information, notifications, applications, buttons, dashboards,
and graphics (the "Services") owned and offered by Dimensions Healthcare,
LLC ("Dimensions"), and any data, information, text, graphics,
or other material uploaded, downloaded or appearing on the Services (collectively
referred to as "Content"). Your access to and use of the Services
are conditioned on your acceptance of and compliance with these Terms. By accessing
or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for
your use of the Services, and for any consequences thereof. You may use the Services
only if you can form a binding contract with Dimensions and are not a person barred
from receiving services under the laws of the United Arab Emirates or other applicable
jurisdiction. If you are accepting these Terms and using the Services on behalf
of a company, organization, government, or other legal entity, you represent and
warrant that you are authorized to do so. You may use the Services only in compliance
with these Terms and all applicable UAE and international laws, rules and regulations.
The Services that Dimensions
provides are always evolving and the form and nature of the Services that Dimensions
provides may change from time to time without prior notice to you. In addition,
Dimensions may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you and may not be able to provide you with prior
notice. Dimensions also retains the right to create limits on use at its sole discretion
at any time without prior notice to you.
The Services may include
advertisements or sponsored content, which may be targeted to the Content or information
on the Services, queries made through the Services, or other information. The types
and extent of advertising or sponsored content by Dimensions in connection with
the Services is subject to change. In consideration for Dimensions granting you
access to and use of the Services, you agree that Dimensions and any of its third
party providers and partners may place such advertising or sponsored content with
the Services or in connection with the display of Content or information from the
Services.
2. Privacy
Any information that you provide to Dimensions is subject to its
Privacy Policy
, which governs its collection
and use of your information. You understand that through your use of the Services
you consent to the collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United Arab Emirates
and/or other countries for storage, processing and use by Dimensions. As part of
providing you the Services, Dimensions may need to provide you with certain communications,
such as service announcements and administrative messages. These communications
are considered part of the Services which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for
safeguarding the password that you use to access the Services and for any activities
or actions under your password. Dimensions encourages you to use "strong"
passwords (passwords that use a combination of upper and lower case letters, numbers
and symbols) with your account. Dimensions cannot and will not be liable for any
loss or damage arising from your failure to comply with the above.
4. Content on the Services
Dimensions does not endorse,
support, represent or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications available through the Services or endorse any opinions
expressed via the Services. Under no circumstances will Dimensions be liable in
any way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result of the use
of any Content posted, transmitted or otherwise made available through the Services.
5. Your Rights
You grand Dimensions a
worldwide, non-exclusive, royalty-free license (with the right to sublicense) to
use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute
Content in any and all media or distribution methods (now known or later developed)
in accordance with the terms in our Privacy Policy. You agree that this license
includes the right for Dimensions to provide, promote, and improve the Services
and to make Content submitted to or through the Services available to other companies,
organizations or individuals who partner with Dimensions for the syndication, broadcast,
distribution or publication of such Content on other media and services, subject
to Dimensions’ terms and conditions for such Content use.
We may modify or adapt
Content in order to transmit, display or distribute it over computer networks and
in various media and/or make changes to Content as are necessary to conform and
adapt that Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for
your use of the Services, and for any consequences thereof. Dimensions will not
be responsible or liable for any use of Content in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority necessary
to grant the rights granted herein to any Content that you own or have provided.
6. Dimensions Rights
All right, title, and
interest in and to the Services remains the exclusive property of Dimensions. The
Services are protected by copyright, trademark, and other laws of both the United
Arab Emirates and foreign countries. Nothing in the Terms gives you a right to use
the Dimensions name or any of the Dimensions trademarks, logos, domain names, and
other distinctive brand features. Any feedback, comments, or suggestions you may
provide regarding Dimensions or the Services is entirely voluntary and Dimensions
will be free to use such feedback, comments or suggestions as it sees fit and without
any obligation to you.
7. Restrictions on Content and Use of the Services
Dimensions reserves the
right at all times (but will not have an obligation) to remove or refuse to distribute
any Content on the Services, to suspend or terminate users, and to reclaim usernames
without liability to you. Dimensions also reserve the right to access, read, preserve,
and disclose any information as it reasonably believes is necessary to (i) satisfy
any applicable law, regulation, legal process or governmental request, (ii) enforce
the Terms, including investigation of potential violations hereof, (iii) detect,
prevent, or otherwise address fraud, security or technical issues, (iv) respond
to user support requests, or (v) protect the rights, property or safety of Dimensions,
its users and the public.
Dimensions does not disclose personally identifying information to third parties except in accordance with our
Privacy Policy.
You may not do any of
the following while accessing or using the Services: (i) access, tamper with, or
use non-public areas of the Services, Dimensions’ computer systems, or the technical
delivery systems of Dimensions’ providers; (ii) probe, scan, or test the vulnerability
of any system or network or breach or circumvent any security or authentication
measures; (iii) access or search or attempt to access or search the Services by
any means (automated or otherwise) other than through our currently available, published
interfaces that are provided by Dimensions (and only pursuant to those terms and
conditions); or (iv) interfere with, or disrupt, (or attempt to do so), the access
of any user, host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of Content
in such a manner as to interfere with or create an undue burden on the Services.
8. Intellectual Property Policy
Dimensions respects the
intellectual property rights of others and expects users of the Services to do the
same.
9. Ending These Terms
The Terms will continue
to apply until terminated by either you or Dimensions as follows. In all such cases,
the Terms shall terminate, including, without limitation, your license to use the
Services, except that the following Sections shall continue to apply: 4, 5, 6, 7,
9, 10, and 11.
Nothing in this section
shall affect Dimensions’ rights to change, limit or stop the provision of the Services
without prior notice, as provided above in Section 1.
10. Disclaimers and Limitations of Liability
Please read this section
carefully since it limits the liability of Dimensions and its subsidiaries, affiliates,
related companies, officers, directors, employees, agents, representatives, partners,
and licensors (collectively, the “Dimensions Entities”). Each of the subsections
below only applies up to the maximum extent permitted under applicable law. Some
jurisdictions do not allow the disclaimer of implied warranties or the limitation
of liability in contracts, and as a result the contents of this section may not
apply to you. Nothing in this section is intended to limit any rights you may have
which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use
of the Services or any Content are at your own risk. You understand and agree that
the Services are provided to you on an "AS IS" and "AS AVAILABLE"
basis. Without limiting the foregoing, to the maximum extent permitted under applicable
law, THE DIMENSIONS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS
OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Dimensions Entities
make no warranty and disclaim all responsibility and liability for: (i) the completeness,
accuracy, availability, timeliness, security or reliability of the Services or any
Content; (ii) any harm to your computer system, loss of data, or other harm that
results from your access to or use of the Services or any Content; (iii) the deletion
of, or the failure to store or to transmit, any Content and other communications
maintained by the Services; and (iv) whether the Services will meet your requirements
or be available on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from the Dimensions Entities or through the Services,
will create any warranty not expressly made herein.
B. Links
The Services may contain
links to third-party websites or resources. You acknowledge and agree that the Dimensions
Entities are not responsible or liable for: (i) the availability or accuracy of
such websites or resources; or (ii) the content, products, or services on or available
from such websites or resources. Links to such websites or resources do not imply
any endorsement by the Dimensions Entities of such websites or resources or the
content, products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such websites
or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE DIMENSIONS ENTITIES SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA,
USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR
USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM
THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS
OR CONTENT.
IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF THE DIMENSIONS ENTITIES EXCEED THE GREATER OF ONE THOUSAND
UNITED ARAB EMIRATES DIRHAMS (AED 1000.00) OR THE AMOUNT YOU PAID DIMENSIONS, IF
ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS
SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT,
STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DIMENSIONS
ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. General Terms
A. Waiver and Severability
The failure of Dimensions
to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms is held
to be invalid or unenforceable, then that provision will be limited or eliminated
to the minimum extent necessary, and the remaining provisions of these Terms will
remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action
related thereto will be governed by the laws of the United Arab Emirates without
regard to or application of its conflict of law provisions or your state or country
of residence. All claims, legal proceedings or litigation arising in connection
with the Services will be brought solely in the federal or state courts located
in Dubai, United Arab Emirates, and you consent to the jurisdiction of and venue
in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
These Terms and the
Privacy Policy
are the entire and exclusive agreement between Dimensions
and you regarding the Services (excluding any services for which you have a separate
agreement with Dimensions that is explicitly in addition or in place of these Terms),
and these Terms supersede and replace any prior agreements between Dimensions and
you regarding the Services.
We may revise these Terms
from time to time. By continuing to access or use the Services after those revisions
become effective, you agree to be bound by the revised Terms.