Terms & Conditions

1.1 Subject to the Access Limitations specified, our platform grants the user during the Term a non-exclusive, non-transferable, revocable, non-assignable, non-sub licensable right to use the platform Dashboard in accordance with, and solely as necessary to receive the Services contemplated under this Agreement.
1.2 Except as expressly set forth in the user agreement, the user shall not, and shall not attempt to (and shall not permit any Third Party to, or attempt to) directly or indirectly:
1.2.1 Interfere in any manner with the functionality or proper working of the platform Dashboard, platform APIs, or the platform Site;
1.2.2 Modify, alter, tamper with, translate, repair, or create derivative works from the platform Dashboard, platform APIs, or the platform Site;
1.2.3 reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the platform Dashboard or the platform APIs;
1.2.4 attempt to gain unauthorized access to the platform Dashboard, platform APIs, or the server(s) on which they are stored or any other server, network, computer, or database connected to the platform Gateway or the platform Site;
1.2.5 Use or make available the Services or the platform Documentation for purposes other than those set forth in this Agreement;
1.2.6 sell, distribute, rent, lease, assign, sub-contract or otherwise transfer or encumber rights to the Services, or otherwise make available or offer any aspect of the Services or the platform Documentation to any Third Party or on any file sharing service, or use the Services or the platform Documentation for or on behalf of any Third Party, without the prior express written consent of the platform.
1.2.7 Use the Services in a way that could damage, disable, overburden, impair or compromise the platform systems or security or interfere with other users of the platform Gateway;
1.2.8 Use the Services to build a product, service, or application that is competitive with any platform product, service, or application; or
1.2.9 Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to the Services.
1.2.10 The user acknowledges and agrees that any breach of the Access Limitations shall be a material breach of the user Agreement.
1.3 For the avoidance of doubt, this Agreement does not transfer any property whatsoever, which rights shall remain owned entirely by the platform. The platform reserves all right, titles, and interests in and to the Services, platform Account, platform Dashboard, platform APIs, platform Documentation, and all related Intellectual Property Rights. This Agreement provides no right to the source code or decompiled software owned by, used by, or licensed to the platform.
1.4 The user acknowledges that the platform Documentation is and shall remain at all times Confidential Information and is protected by the copyright of the platform.

2.1 Your acceptance of this agreement and terms is considered to be an approved and signed electronic signature in our electronic system and confirms the validity of this agreement, by applying the provisions of Law No. 20/2014 for electronic transactions.
2.2 All electronic data, the information provided, offered, submitted, presented, shared, kept, used in, or through the platform are governed with the terms of the regulation 42/2021 in regards to privacy protection.
2.3 This agreement and terms and conditions shall be governed by and construed in accordance with [Kuwaiti laws].
2.4 Any disputes relating to this agreement and/or terms and conditions shall be subject to the jurisdiction of Kuwait courts.

3.1 The user acknowledges and agrees that he/she remains exclusively liable for the management and operation of his Account, data connection, and user passwords. The user further acknowledges and agrees that the platform shall not be held liable for any losses or damages of any kind suffered by the user as a result of his misuse of the platform (including negligent act or omission, willful misconduct, improper use, unforeseeable use or use not as intended in this Agreement), or as the result of any change made to the platform by any person other than the platform.
3.2 The vendor shall be responsible for the provision of all customer services or supply of goods or products to Customers in respect of the platform, including in relation to any malfunction thereof. The platform is not a selling agent in connection with any sale of goods or services to any person. The platform has no control over or responsibility for the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that might be provided.

4.1 (DAWI) is not a medical service provider nor is it involved in providing any health care or medical advice, diagnosis, or any related services. It shall hence not be responsible and shall not be liable to any transaction or provided service.

5.1 The content of (Dawi) is not a guarantee of outcome results, so (Dawi) shall not be responsible for errors or omissions in reporting or explanation. No individuals including those under active care should use the information, resources, or tools contained within self-diagnosis or self-treat in any health-treated condition.
5.2 (Dawi) gives no assurance or warranty regarding the accuracy, timeliness, or applicability of the content.
5.3 (Dawi) is not intended as medical advice or as a substitute for doctors or physical examination, a routine medical history review, shall be performed by all healthcare providers prior to writing a prescription, your continued use of the services shall be considered an explicit consent to waive any responsibility in this regards.

6.1 The user understands and agrees that (Dawi) will not be liable for:
6.1.1 The user interactions and associated issues with doctor, clinic, pharmacy, expert, healthcare provider.
6.1.2 The liability or intent of the doctor, clinic, pharmacy, expert, healthcare provider or lack of it in fulfilling their obligations towards the user.
6.1.3 Any wrong consultation, medication, or quality of treatment that is being given by doctor, clinic, pharmacy, expert, healthcare provider, or any medical negligence or part of them.
6.1.4 Inappropriate treatment or similar difficulties or any kind of inconvenience suffered by the user due to a failure on the part of the doctor, clinic, pharmacy, expert, healthcare provider to provide agreed services.
6.1.5 Any misconduct or inappropriate behavior by the doctor, clinic, pharmacy, expert, healthcare provider, or their staff.
6.1.6 Cancellation or no-show by doctor, clinic, pharmacy, expert, healthcare provider.

7.1 The services, medicines, products, and goods must be served and delivered without delay.
7.2 All medical insurance information, approvals, and relevant documents must be obtained by Clinics, Doctors, Pharmacies, Experts, and healthcare providers, providing the services, medicines, and goods before obtaining the required approvals shall be the responsibility of Clinics, Doctors, Pharmacies, Experts and healthcare providers.
7.3 The health care provider agrees to grant the platform the right to use, publish and republish his personal name and any statement, image or design related to it and the healthcare provider’s trade name and trademarks throughout the validity period of the agreement, and the platform has the right after the end of the agreement to refer to the health care provider, his marks or his name Commercial as one of the previous clients of the platform in any of the traditional and electronic advertising media.

8.1 We may amend these Terms at any time at our sole discretion. If we do so, we will notify you of the modified Terms by e-mail and notification service. The modifications will be effective from the date specified in each notification, except that changes addressing new functions of the Service or changes made for legal reasons shall be effective immediately. You are obligated to review these Terms periodically so that you are aware of any modifications. Your continued access and use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by these Terms and conditions as modified.

We are committed to applying the terms of law 39/2014 regarding consumer protection for all the services and products you buy and pay for through our platform.
9.2 Any issue arising from the services and products that you have bought or paid for, must be resolved directly with the healthcare provider.
9.3 you are allowed to modify your reservation appointment through the platform ,although it is prohibited to modify in the timing mentioned during checkout before the confirmed date.
9.4 In case that the appointment is canceled before the timing mentioned during checkout, the consultation fees will be refunded as a credit in the platform, and the platform booking fees will not be refunded.
9.5 In case of not attending the confirmed appointments, amending or canceling the appointment after the specified dates the amounts paid are non-refundable, and they will not be added as a credit in the platform.
9.6 In case you have any claim or inquiry please write to us at: info@dawi.com

10.1 you can download the application and register for the platform for free without any charges.
10.2 The user shall pay a non-refundable service fee of (2) Kuwaiti Dinars in favor of DAWI for each booking appointment made through the platform.
10.3 The user can pay the full value of the consultation in advance through the platform.
10.4 The Electronic payment services will be provided through a third party specialized in this. 10.5 According to your use of the platform and the services provided through the health service providers , the platform will record all the processes in accordance with the platform privacy policy.
10.6 The user must refer to the joint insurance company and inquire about the terms and conditions of recovering any amounts he pays for the services he obtains through the platform or through health care providers, and neither the platform or the health service providers will submit a refund requests to any insurance entity on behalf of the user.
10.7 We have the right to refuse to activate your account without explanation.
10.8 In case you wish to permanently terminate your account with us, you may contact us in this regard at: info@dawi.com

11.1 The Clinics, Doctors, Pharmacies, and healthcare providers and the user agrees to comply with all rules, regulations, standards, or guidelines adopted or required by the relevant electronic payment provider or Bank and Applicable Laws relating to privacy, data security, and the safeguarding, disclosure, and handling of Customer Transaction Data, in each case as they may be amended from time to time.
11.2 Clinics, Doctors, Pharmacies, and healthcare providers will immediately notify the platform in the event it receives a materially increased number of requests for E-Commerce Transactions.
11.3 Clinics, Doctors, Pharmacies, and healthcare providers shall not request or maintain Customer Transaction Data for any E-Commerce Transaction, including in particular sensitive information such as Card numbers or visual cryptograms (CVC/CVV).
11.4 The Clinics, Doctors, Pharmacies, and healthcare providers and the user agrees that the platform may store data (including Customer Transaction Data) received from the user to perform its obligations under this Agreement and as required by Applicable Laws, and shall be permitted to transfer such data to any Third Party if required to do so for the successful execution of the payment process. The user grants his/her full consent explicitly (where required) to the collection, storage, and processing of any data by the platform and for the purposes of such collection, storage, and processing of any data for the purposes of this Agreement, the User shall comply with Applicable Laws relating to personal data privacy.

12.1 You are required to maintain all information requested during your registration process so that it remains true, accurate, up-to-date, and complete at all times. The Service may permit you to register through certain third-party platforms. By registering or logging into the platform, you agree that we may access and use your information, including your user’s name, profile picture, age, date of birth, and email address, …etc.
12.2 Users of the platform shall use our services. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sub licensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any materials purchased by you. Your purchase of any material entitles you only to view and, in some cases, download that material in accordance with the foregoing license and is not a purchase of the software or content constituting or included in the materials. We reserve the right to terminate this license and your access to the service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any materials you have purchased unless you have violated these terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this section or these Terms to any person or entity, and any attempt to do so is void and may result in terminating your access and use of the platform.

13.1 In general, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute, and display the content you upload to the platform, including your Gallery Content, text, social media accounts profile information (including your user profile on the platform), and other content you share with us through the platform (collectively, “User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public, or shared your User Content with others through the Service, or if your User Content is shared through any social media platforms (including our social media platforms), you understand and agree that your User Content may still be visible on those platforms and other users may retain and continue to display, reproduce, share, or otherwise include your User Content as a result, even if the content has been removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. We will not offer any of your User Content for sale or otherwise directly monetize it in any way.
13.2 The works we choose to include in a material depend on how it fits in with our guidelines. As such, we have discretion over which works will appear in material and we are not obligated to include your Content in the platform or in any material or exercise any of the rights and licenses granted to us in these Terms. You irrevocably waive the right to inspect or approve any uses of your Publicity Rights and you’re Content.

Nothing in this Agreement excludes or limits either Party's liability:

14.1 For fraud, theft, or any similar dishonesty offense (committed by that Party but excluding fraud or fraudulent acts or omissions committed which use or rely on the platform Service);
14.2 To the extent that any Applicable Laws preclude or prohibit any exclusion or limitation of liability.
14.3 Subject to the previous clause the platform shall not be liable to the user for any: (a) Loss caused by a breach that is caused by a financial institution, payment network or operator of an Alternative Payment Method of or used by the user (b) Loss arising as a result of the E-Commerce Transactions implemented through or using the Services; (c) Loss arising in relation to settlement of funds between the user and the Acquiring Bank or service provider (including but not limited to incorrect, omitted, overpaid or late settlements) ; (d) loss of data; (e) Loss arising from suspension of 3D Secure Protocol following agreement with the user (f) loss of revenue, loss of profits, loss of anticipated savings, loss of or damage to goodwill, loss of business, or indirect or consequential loss or damage, whether arising from negligence, breach of contract or otherwise and irrespective of whether the damage and its extent were foreseeable at the conclusion of this Agreement, or if the platform advised of the possibility that such damage could occur.

15.1 Any feedback, comments, reviews, ideas, or suggestions regarding the platform and/or the Service that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your rights, title, and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to “moral rights.”

16.1 Neither Party shall be liable to the other Party for any delay or non-performance of its obligations under this Agreement to the extent to which such delay or non-performance arises from any act of God, governmental intervention, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution blockade, embargo, strike, lock- out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the Party claiming relief; accident to (or breakdown of) plant or machinery, shortage of any material, labor, transport, electricity or other supply or regulatory intervention; adverse weather or disease; act or intervention of a competent judicial or regulatory authority; viruses or other defects resulting from unauthorized access to software or non-authorized access to the platform Site or any type of hacking, including any “denial of service” or other targeted network attack; loss of supply of essential services including electrical power, telecommunications, air conditioning and third party services; or any event (including any act or omission of any Third Party) beyond its reasonable control which could not reasonably be planned for or avoided (each a Force Majeure Event), provided that the affected Party shall promptly notify the other Party in writing, take all the necessary actions to mitigate the effect of that delay or non-performance of the Force Majeure Event and provide corresponding evidence to the other Party. The platform shall not be in breach of this Agreement to the extent such breach is a direct result of a Relief Event.

17.1 Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.

18.1 You agree to indemnify, defend (if we so request), and hold harmless the platform and our officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the platform (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the platform.

19.1 You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

20.1 You warrant and represent that your content will comply with this agreement and terms and conditions.
20.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
20.3 Your content, and the use of your content by us in accordance with this agreement and terms and conditions, must not:
20.3.1 Be libelous or maliciously false;
20.3.2 Be obscene or indecent;
20.3.3 Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or another intellectual property right;
20.3.4 Infringe any right of confidence, right of privacy, or right under data protection legislation;
20.3.5 Constitute negligent advice or contain any negligent statement;
20.3.6 Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
20.3.7 Be in contempt of any court, or in breach of any court order;
20.3.8 Be in breach of racial or religious hatred or discrimination legislation;
20.3.9 Be blasphemous;
20.3.10 Be in breach of official legislation;
20.3.11 Be in breach of any contractual obligation owed to any person;
20.3.12 Depict violence in an explicit, graphic, or gratuitous manner.
20.3.13 Be pornographic, lewd, suggestive, or sexually explicit.
20.3.14 Be untrue, false, inaccurate, or misleading.
20.3.15 Consist of or contain any instructions, advice, or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
20.3.16 Constitute spam
20.3.17 Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
20.3.18 Cause annoyance, inconvenience, or needless anxiety to any person.

21.1 Without prejudice to our other rights under this agreement and terms and conditions, if you breach this agreement and terms and conditions in any way, or if we reasonably suspect that you have breached this agreement and terms and conditions in any way, we may:
21.1.1 Send you one or more formal warnings;
21.1.2 Temporarily suspend your access to the platform
21.1.3 Permanently prohibits you from accessing the platform.
21.1.4 Block computers/mobile devices using your IP address from accessing the platform
21.1.5 Contact any or all of your internet service providers and request that they block your access to the platform.
21.1.6 Commence legal action against you, whether for breach of this agreement and terms and conditions or otherwise; and/or
21.1.7 Suspend or delete your account on the platform.

22.1 If a provision of this agreement and terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of this agreement and terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

23.1This Agreement and terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.
23.2The exercise of the party’s rights under this agreement and terms and conditions is not subject to the consent of any third party

24.1 Telemedicine is an international approach that refers to the practice of caring for patients remotely when the health provider and patients are not physically present with each other. This modern technology has enabled doctors to provide their services to patients by using HIPAA-compliant regulations and standards.

- If you are not satisfied with any Services, please file a complaint immediately and send it to our email.
- If you have any comments or questions, you can contact us at email info@dawi.com or address: Al-Salhiya | Al Sahab Tower, Mohammed Thunayyan Al-Ghanem St, Kuwait City, 7th Floor, Office 3, Tel: +965 22996633