Terms & Conditions
Date of Last Revision: 12, November 2024
1. Overview
Welcome to NAWAT HEALTH TECHNOLOGIES!
These Terms and Conditions (“Terms”), together with the documents and policies incorporated and referenced in these Terms (including the Privacy Policy), shall constitute an agreement (“Agreement”) between You (“You”, “Your”, or “Yourself”), and Nawat Health Technologies LTD, along with its affiliates, subsidiaries, successors, and assignees (“NAWAT”, “We”, “Us”, or “Our”).
By visiting Our website (“Website”), mobile and web application (“App”), and any application or technology We make available (the Website and App collectively being referred to as the “Platform”), and in using any Service offered on the Platform, whether as a visitor or User, You agree to be bound by these Terms. You should read this Agreement carefully before starting to use the Platform. If You do not agree to these Terms, stop using Our Platform immediately.
Please note these Terms are subject to a binding arbitration and class action waiver, as outlined in Clause 20.
When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Your account, to the extent provided for in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.
2. Definitions
Expert: means an expert who is in the field of sexual, mental and reproductive health, and is an independent contractor who collaborates with Us to deliver the Services through Our Platform.
Services: includes: (i) accessing educational programs and knowledge resources focused on sexual and reproductive health, and (ii) scheduling voice or video conversations for advice or guidance with an appropriate Expert through the Platform.
User(s): means any user of the Services via the Platform.
3. Using the Platform
3.1 To use the Platform and/or Services, You must be at least 18 years of age and reside in a jurisdiction where the Services are legally permitted and provided by Us. If You reside in a jurisdiction that precludes the use of the Services and/or Platform, You must abide by the laws of the relevant jurisdiction and not use the Services and/or Platform. By entering into this Agreement, You represent that You are of legal age to enter into a binding contract.
3.2 You agree and confirm that Your use of the Platform, including the Services, is for Your own personal use only and that You are not using the Platform and/or Services for or on behalf of any other person or organization.
3.3 By using the Platform, You acknowledge and agree that:
a) You will not use the Platform for any illegal or unauthorized purpose, and You will not violate any of these Terms, or any applicable laws or regulations, including copyright laws;
b) You will not transmit any viruses, worms, or other harmful code;
c) You will not duplicate, copy, sell, resell, or exploit any portion of the Platform, or any content included within it, without prior explicit written permission from Us;
d) to the extent that You are required to create a personal profile (a “User Profile”) which includes Your User data, You will do so;
e) We may use some information You provide to Us to contact You in the context of Your request, if necessary. All information will be handled strictly in accordance with Our Privacy Policy [HYPERLINK], which includes details on how Your data is collected, used, stored and protected; and
f) You will provide Us with certain information, as requested from time to time, including, but not limited to Your: (i) legal name (only required when booking a consultation with a medical expert), (ii) phone number (optional), (iii) email address, (iv) credit or debit card details (as required for payment), (v) age range, and (vi) country of residence.
This information is necessary for the provision of the Services and will be handled strictly in accordance with Our Privacy Policy [HYPERLINK].
4. Platform Description
The Platform operates under the name of “NAWAT Health”. We provide resources and advice via programs that are administered by Experts specializing in sexual and reproductive health.
It is essential to underscore that the Experts delivering these Services are not affiliated with NAWAT. However, Experts do undergo a rigorous vetting and training process under Our supervision, ensuring the provision of a specific quality of service characterized by a non‑judgmental approach.
5. Disclosed Agent
Our Platform operates as a disclosed agent and intermediary between Experts and Users, providing a secure and user-friendly Platform (“Disclosed Agent”). As a Disclosed Agent, We operate the Platform and implement the necessary tools and technical resources for Our Services. We do not guarantee, nor are We liable for, the quality of the Experts, and We do not have an obligation to supervise or monitor the provision of their Services. The Platform operates to facilitate the Services provided by the Experts only, and Our role is limited to facilitating the provision of a knowledge-sharing and intermediation platform connecting Users and Experts.
Please be aware that We are not liable for any advice, guidance, incorrect diagnoses, or any other information provided by the Experts. Information shared during sessions with the Experts is held in strict confidence, with the following exceptions: (i) when there is a concern for Your safety or the safety of others, (ii) in cases of reported child or elder abuse, (iii) where disclosure is mandated by applicable laws, or (iv) where You provide consent to disclosure by signing a waiver.
6. Account Creation and Login Credentials
6.1 Before You use the Platform, You must create an account. In order to do this, You will need to provide Us with accurate information about Yourself, including Your User data.
6.2 To access Your account, You will need to use Your personalized login credentials (the “Login Credentials”). It is important to keep these credentials secure and confidential, and not share them with anyone else. We recommend using strong, unique passwords to enhance the security of Your account. You are responsible for any activity that occurs on Your account, whether it was authorized by You or not.
6.3 If You believe that Your account has been compromised, or that Your Login Credentials have been stolen, or are otherwise compromised, You should let Us know as soon as reasonably possible by contacting Our customer support team at info@nawathealth.com. This will help Us protect Your account and prevent any unauthorized activity.
6.4 You are responsible for all payment instructions made through Your account, whether or not You authorized them. If Your account or Login Credentials are stolen, compromised, or used without Your permission, You will remain liable for any losses or payments unless You notify Us and We have a reasonable amount of time to act. You will also remain liable for any losses or unauthorized payments resulting from fraudulent or illegal access to Your account.
6.5 You are responsible for ensuring that Your payment instructions are accurate and free of errors. If You report any unauthorized or erroneous payments or transfers in a timely manner, We will endeavor to recover them on Your behalf, but We do not guarantee success, and are not liable for any losses resulting from such payments or transfers.
6.6 By creating an account, You agree to provide current, complete, and accurate information related to all purchases and account information. You agree to promptly update Your account and other information as needed to ensure that We can provide You with the Services and contact You as necessary and in compliance with Our Privacy Policy.
6.7 If You have made an error regarding the User details provided, You may rectify it directly in Your account. If You are unable to do so, please contact Our customer support team through info@nawathealth.com and, where possible, We will be happy to help You correct it.
7. Payments, Refund and Cancellation Policy
7.1 You hereby acknowledge that certain fees are applicable to some of the Services provided on the Platform (the “Payable Services”). You will be notified regarding Payable Services in advance of Your agreement to those Services, and You will have the opportunity to review and accept the fees to be charged. You will be billed in advance, and, in agreeing to the provision of these Payable Services, You accept responsibility for payment. When You provide Your credit or debit card information for the provision of these Payable Services, You authorize Us to charge You the relevant fees automatically in USD. Please note that fees for Payable Services are subject to change from time to time, and any changes will be updated on the Platform.
7.2 Please note that prices displayed on the Platform may be subject to VAT, as indicated on the checkout page from time to time.
7.3 Payment is taken via Stripe (“Payment Gateway”). By using the Payment Gateway, You agree to the terms of use of Stripe and/or PayPal and shall act in accordance with such terms.
7.4 Our refund and cancellation policies encompass the following scenarios. Please review these carefully to understand Your rights and obligations:
a) Educational courses: No refunds under any circumstances.
b) Guidance and advice:
– If a User schedules an appointment with an Expert and needs to cancel, We offer a full refund if the cancellation occurs at least 48 hours before the scheduled appointment.
– We offer a 50% appointment fee refund if the cancellation occurs 24 hours before the scheduled appointment.
– No refund will be provided for same-day appointment cancellation.
– In the event of a no-show, the reason for the inability to attend the appointment will be requested. The decision regarding any potential refund or alternative arrangements will be made solely at the discretion of NAWAT.
– If the Expert cancels and rescheduling is not feasible, the User will receive a refund, or if rescheduling is possible, the User will be presented with the choice of a refund or rescheduling.
– If a User reschedules between 24 and 48 hours prior to the scheduled appointment time, this will be subject to the Expert/User’s availability.
– Rescheduling less than 24 hours prior to the scheduled appointment time is not possible. In this case, the User has the option to either cancel the appointment (subject to the above provisions) or proceed with the appointment as scheduled.
7.5 We offer a 3-day free trial for Our subscription services. After the trial period, the subscription will automatically renew. Users have the option to cancel their subscription at any time by following instructions on the Platform.
7.6 Any subscription options on the Platform will be billed on a monthly or annual basis. Any type of subscription that You choose will automatically renew until You cancel the subscription.
7.7 You can cancel the subscription at any time for any reason. Your subscription must be cancelled before the renewal date in order to avoid the next billing cycle and You accept responsibility for all recurring charges prior to cancellation.
7.8 We may modify the provisions of this Clause 7 at any time. Any changes made will be communicated to You on the Platform at Our discretion.
7.9 Please be aware that failure to pay for the Payable Services may result in the suspension or termination of Your access to the Services provided through Our Platform. We recommend that You review Your payment details carefully and contact Us with any questions or concerns regarding the payment process.
7.10 We understand that unexpected situations may arise, and We will do Our best to work with You to find a satisfactory solution. If You have any questions or concerns regarding the provisions of this Clause, please do not hesitate to contact Our customer support team at info@nawathealth.com and We will be happy to assist You in any way possible.
7.11 We reserve the right to refuse any request for the provision of Services. We may, at Our sole discretion, limit or cancel the Services requested, including any Services paid for under the same account or credit card, and/or requests that use the same email address and/or mobile number.
7.12 In the event that We make a change to or cancel any Service purchased, We will notify You by contacting the email address and/or mobile number provided at the time the Service was requested.
8. User Comments, Feedback, and Other Submissions
8.1 We provide a feedback and rating system to help Users make informed decisions when making appointments. All feedback and ratings must be honest, respectful, and relevant to the Services provided. We reserve the right to edit, remove, or refuse to publish any feedback that violates these guidelines or our Terms. If We ask You to submit certain specific submissions (such as contest entries) or if You send Us creative ideas, suggestions, proposals, plans, feedback, posts, replies, or other materials, whether online by email, postal mail, or otherwise (collectively, “the Comments”), You agree that We may edit, copy, publish, distribute, translate and otherwise use any Comments You send to Us, to improve the Platform and Services provided.
8.2 We have no obligation to keep Your Comments confidential, compensate You for Your Comments, or respond to Your Comments. However, We reserve the right to monitor, edit or remove content that We find in Our sole discretion to be offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates any party’s intellectual property rights or these Terms, including but not limited to any defamation, insult or abusive remark to any Expert(s).
8.3 Please note that Comments on the Platform cannot be used to promote any commercial or business activity or arrange a transaction outside the scope of the Platform or seek any sales commission. Any feedback, images, messages, or listings must always relate to the Services and not contain any contact details including, but not limited to, email addresses, phone numbers, and web URLs. You may only provide Comments upon the Services’ completion.
8.4 You agree that Your Comments will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Your Comments must not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Platform. You will not use a false email address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any Comments. You are solely responsible for the accuracy of any Comments You make. We take no responsibility and assume no liability for any Comments posted by You or any third party.
9. Community Guidelines
As a User of the Platform, You are responsible for Your communications and use of the Platform. You must adhere to the following Community Guidelines to ensure a safe and respectful environment for all Users and You must not engage in any of the following activities under any circumstances: (a) using simultaneous, unattended, or continuous connections to the Platform from one account; (b) using the Platform to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) intercepting or attempting to intercept email or other private communications not intended for You; (d) sending unsolicited email messages to other Users by using Your email account or third-party email addresses or using the Platform as a mass distribution medium to communicate a generally unsolicited message (unless otherwise permitted by NAWAT); (e) uploading or downloading files that contain software or other material protected by intellectual property laws, data protection, or any other applicable law unless You own or control the rights to such files or have received all necessary consents; (f) deleting any author attributions, legal notices, proprietary designations or labels in a file that You upload to the Platform; (g) falsifying the source or origin of software or other material contained in a file that You upload to the Platform; (h) using the Platform in a manner that adversely affects the availability of its resources to other Users; (i) falsely purporting to be an employee or agent of NAWAT; (k) causing repeated disruptive incidents; (l) acting in a manner that is contrary to applicable law or regulation; or (m) engaging in any other activity deemed by NAWAT to be in conflict with the spirit or intent of this Agreement. Additionally, You must not post any message that is harmful, threatening, abusive, or hateful. Any communication between Users while utilizing the communication features available on the Platform must be made in accordance with these Terms. While NAWAT encourages Users to express their opinions, it reserves the right to take appropriate action in cases where the Platform is used to disseminate statements that are deeply and widely offensive and/or harmful. Each time You upload a file on the Platform, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so. Failure to comply with any of these limitations or obligations may result in civil or criminal liability.
10. Third-Party Links
10.1 Certain Services available via Our Platform may be provided by, or include materials and content from, third parties, including but not limited to WhatsApp and Zoom (“Third-Party Platforms”).
10.2 By using Third-Party Platforms, You agree to abide by their terms of use, rules and policies.
10.3 Third-party links on the Platform will direct You to Third-Party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy on Third-Party Platforms and We do not warrant the accuracy of, and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third parties.
10.4 We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any Third-Party Platforms. Please carefully review the Third-Party Platforms’ policies and practices before You engage in any transaction.
10.5 Complaints, claims, concerns, or questions regarding Third‑Party Platforms, content, and practices should be made directly to the Third-Party Platform in question.
11. Intellectual Property
11.1 The Platform contains material and content that is owned by, or licensed to Us. The Platform and any related applications (“NAWAT Intellectual Property”) and all rights, title, and interest, including all related intellectual property rights therein, are owned by Us, Our licensors, or other providers of such material. These Terms are not a license except as provided for in Clause 11.2, and do not convey or grant to You any rights in or related to, the Platform or any intellectual property rights owned by Us. Any use of NAWAT Intellectual Property is prohibited without Our prior written consent.
11.2 Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non‑sublicensable, recoverable, non-transferable license to access and use the Platform and NAWAT Intellectual Property solely in connection with Your use of the Services, in each case solely for Your personal, non-commercial use. Any rights not expressly granted herein are reserved by Us and Our licensors.
12. Warranty Disclaimer for the Platform
12.1 Your access to the Platform and/or Your use of its Services is at Your sole risk.
12.2 You acknowledge that We may use third-party suppliers for hardware, software, connectivity, and all business requirements to provide the Services. The acts and omissions of those third‑party suppliers are outside of Our control, and We cannot be held liable for any loss or damage suffered as a result of any act or omission of any third party to the extent permitted by applicable laws.
12.3 We do not represent or warrant that: (i) the Platform will meet Your specific requirements, (ii) Your access to the Platform will be uninterrupted, timely, secure, or error-free, (iii) the Platform will be accurate or reliable, (iv) the quality of the Services, information, or other material purchased or obtained by You through the Platform will meet Your expectations; or (v) any errors in the Platform will be corrected.
12.4 We are not responsible or liable for any misconduct of any of the Platform’s Users. All contact between Users is at the risk of said Users.
13. Limitation of Liability
13.1 By using Our Platform, You waive and agree not to assert any claims or allegations of any nature whatsoever against Us, Our sponsors, suppliers, contractors, advertisers other partners, licensors, any respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platform. This includes but is not limited to, any claims or allegations related to the infringement of proprietary rights, or allegations that any of the above-mentioned parties (“Related Parties”) has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any Third-Party Platforms or the Platform. Without limiting the foregoing and to the extent permitted under applicable laws, neither We nor any other Related Parties shall be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property, or otherwise, arising out of or in any way connected to the access to the Platform and the use of or inability to use the Services, including without limitation any damages caused by or resulting from Your reliance on the Platform or other information obtained from or accessible via Us or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files, data, or email, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to Our or any other Related Parties’ records, programs or services.
13.2 We shall not be held liable for Users’ and others’ information details that are provided outside the scope of the Platform, including, but not limited to, the Third-Party Platforms.
13.3 We shall not be held liable for any bad behaviors of an Expert, including but not limited to any bad, incomplete, or grossly negligent quality of Services, or willful misconduct or moral and/or physical damages such as injury or death that shall occur to another Expert, User or third party.
13.4 We are not a healthcare provider, nor are we responsible for delivering or overseeing any teleconsultation provided by the Expert. We will not be held liable for any teleconsultation, advice, or information provided by the Expert. This includes, but is not limited to, inaccuracies, errors, omissions, or misrepresentations in consultations, false responses, false medications, or any other actions or inactions of the Expert. The Expert will maintain full responsibility for the content and consequences of their Services.
14. Indemnification
14.1 By using the Platform, You agree to protect, defend, and hold harmless Us and Our Related Parties from any claim or demand, including reasonable attorney fees, made by any third party resulting from Your violation of the Terms or documents incorporated by reference to the Terms, or Your infringement of any law or the rights of a third party. This includes, but is not limited to, claims arising from Your use of the Platform, Your User Comments, and any transactions or interactions with other Users or Experts facilitated through the Platform.
14.2 You hereby release Us and agree to hold Us harmless from any and all causes of action and claims of any nature resulting from the Platform, including without limitation any act, omission, opinion, response, advice, suggestion, information and/or bad service of any Expert and/or any other content or information accessible through the Platform. You understand, agree, and acknowledge that the Platform is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. The use of the Platform is at Your own risk. To the fullest extent of the law, We expressly disclaim all warranties of any kind, whether expressed or implied. You understand, agree, and acknowledge that We shall not be liable to You or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages.
15. Severability
15.1 In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
15.2 The headings used in the Agreement are included for convenience only and shall not limit or otherwise affect the Terms.
16. Termination
16.1 These Terms, including any modifications, will become effective upon Your initial use, pre‑subscription, or subscription on the Platform, and will remain in full force and effect throughout Your use of the Platform and its Services.
16.2 Notwithstanding anything to the contrary, We reserve the right to restrict or terminate access to Your account at any time and without prior notice, at Our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, illegal activities, or any behavior that We deem harmful to the Platform or its Users. We also reserve the right to refuse the provision of Our Services to anyone for any reason and at any time. If Your access to the Platform is terminated for any reason, You will not have the right to obtain copies of any data or communications You may have stored or conducted through the Platform or any other data.
16.3 You may voluntarily terminate Your use of the Platform at any time by simply deleting Your account and discontinuing Your visits or use of any aspect of the Platform.
17. Force Majeure
We shall not be held liable for any delay or failure to perform any obligation related to the Platform if the delay or failure is due to unforeseen events that are beyond Our reasonable control, including, without limitation, acts of God, strikes, blockades, wars, terrorism, riots, natural disasters, epidemics, pandemics, or governmental actions, other industrial disputes, any breakdowns of information communication technology systems or network access, floods, fires, explosions or accidents.
18. Entire Agreement
18.1 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
18.2 The Terms, along with any other policies or operating rules posted by Us on the Platform or in respect of the Services, constitute the entire agreement and understanding between You and Us and govern Your access to and use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).
18.3 Any ambiguities in the interpretation of these Terms shall not be construed against Us.
19. Modifications, Termination, Interruption and Disruption to the Platform
19.1 You understand, agree and acknowledge that We reserve the right to update, modify or replace any part of these Terms and/or suspend or discontinue the Platform, or any part of the Platform or use of the Platform at any time without notice. You are subject to the Terms in effect at the moment at which You access the Platform and use Our Services, except when, due to a decision of law or governmental entity, We must make changes retroactively to said Terms, related documents, or the Privacy Policy. You agree and acknowledge that We will not be liable for any of the aforementioned actions or for any losses or damages resulting from these actions. It is Your responsibility to check the Terms periodically for changes. By continuing to access or use the Platform after any modifications have been posted, You agree to be bound by the revised Terms. If You do not agree to the new terms, stop use of the Platform immediately.
19.2 We are not responsible if any information made available on the Platform is not accurate, complete, or current. The information offered through the Platform is intended for educational purposes exclusively. It should not be seen as a replacement for professional medical advice, diagnosis, or emergency services and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. It is crucial to never disregard professional medical or health advice or delay seeking it due to information You have come across on the Platform. Always prioritize seeking professional medical advice. Any reliance on the Platform is at Your own discretion and risk. The Platform, Services, and use of all related information are provided to the exclusion of any warranties, whether express or implied.
19.3 The Platform depends on various factors, including but not limited to software and hardware, whether Our own or those owned and/or operated by contractors and suppliers. While We make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, You understand and agree that We cannot guarantee that Our Platform can be reliable, accessible, consistent or error-free at all times.
20. Governing Law and Jurisdiction
20.1 These Terms and any non-contractual obligations arising out of or in connection with them, including all disputes arising under or in connection with these Terms, shall be governed by and construed in accordance with the laws of England and Wales.
20.2 Any disputes arising in connection with these Terms shall be referred to and finally resolved by the courts of the Abu Dhabi Global Market, which shall have exclusive jurisdiction to settle any such disputes. You agree that the courts of the Abu Dhabi Global Market are the most appropriate and convenient courts to settle any dispute under or in connection with these Terms and you hereby waive any objection to the courts of the Abu Dhabi Global Market on the grounds that they are an inconvenient or inappropriate forum to settle any dispute.
We value Your feedback and encourage You to share Your comments and suggestions regarding these Terms or any aspect of Our Platform. Please feel free to reach out to Us via email at info@nawathealth.com. We appreciate Your input and strive to continuously improve Our Services and Platform.