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PLEASE READ THESE TERMS CAREFULLY

Introduction

This End-User Licence Agreement (Licence) is between Department of Health – Abu Dhabi, an Abu Dhabi Government entity established under Law No. 10 of 2018 with a registered address at the Department of Health Building, Airport Road, Abu Dhabi, United Arab Emirates (We, Us or Our) and you (You or Your).

We are the regulatory body of the healthcare sector within the Emirate of Abu Dhabi (the Emirate) and committed to improving patient outcomes and public health initiatives throughout the Emirate and beyond. In Our continued efforts to improve the healthcare ecosystem and provision of healthcare, We are pleased to provide You with access to Our Sahatna mobile application (the App), enabling a suite of features to serve You better and enable a digital healthcare ecosystem.

Your access to and use of the App and all supporting materials provided by Us or Our licensors is subject to Your prior acceptance and continued compliance with the terms of this Licence. You must not be a minor under the laws of Your jurisdiction of residence to use the App. In the United Arab Emirates, the age of majority for contracting is 21 years of age.

BY CLICKING THE “CREATE ACCOUNT” BUTTON YOU AGREE TO THE TERMS OF THIS LICENCE.

If You do not agree to the terms of this Licence, You will not be permitted to access or use the App and You must not do so or attempt to do so.

The terms of this Licence (as updated from time to time) will be available to You for reference at URL.

  1. DEFINITIONS

    1. For the purposes of this Licence, the following terms have the following meanings:

      Access Obligations has the meaning given in Clause 3.1.

      Access Right Right has the meaning given in Clause 2.1.

      Affiliate means, in relation to a person, each other entity which directly or indirectly controls or is controlled by (through one or more intermediaries) or is under direct or indirect common control with that person from time to time. For the purposes of this Licence, control refers to the direct or indirect ownership of more than 50% of the voting capital or similar right of ownership of that person or the legal power to direct or cause the direction of the general management and policies of that person, whether through the ownership of voting capital, by contract, by law or otherwise, and controls and controlled shall be interpreted accordingly. 

      Applicable Laws means all applicable laws, enactments, regulations, regulatory guidelines, policies, directions, standards, industry codes, regulatory permits and regulatory licences and other similar instruments having the force of law, in each case, which are in force from time to time.

      Data means any data, including any health and other information, text, radiological images, medical reports, electronic claims and coding, drawings, health and other records, documents and other materials which are embodied in any medium (including any electronic, optical, magnetic or tangible medium).

      DoH means the Department of Health – Abu Dhabi.

      Healthcare Facility means a DoH licensed establishment (including any hospital, clinic, surgery, pharmacy, diagnostic centre, and other facility) where healthcare services are provided by Healthcare Professionals in the Emirate of Abu Dhabi. 

      Healthcare Professional means a healthcare professional who treats or deals with Patients in the Emirate of Abu Dhabi who is licensed and regulated by DoH.

      Individually Identifiable Health Information means Protected Health Information and Personally Identifiable Information.

      Intellectual Property Rights means (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

      Loss means each loss, damage, fine, penalty, cost, expense or other liability (including legal and other professional fees) and Losses shall be interpreted accordingly.

      Patient means any person who receives or has received healthcare services in the Emirate of Abu Dhabi at a Healthcare Facility or otherwise from a Healthcare Facility or Healthcare Professional from time to time.

      Protected Health Information or PHI means, in relation to a Patient: 

      (a) information that relates to the past, present, or future physical or mental health or condition of that Patient, Processed by a Healthcare Facility or a Healthcare Professional;

      (b) information relating to the provision of healthcare by a Healthcare Facility or a Healthcare Professional to that Patient;

      (c) information relating to the past, present, or future payment for the provision of healthcare by a Healthcare Facility or a Healthcare Professional to that Patient;

      (d) medical reports / records for that Patient, Processed by a Healthcare Facility or a Healthcare Professional whether in electronic or paper format;

      (e) information Processed by a Healthcare Facility or Healthcare Professional relating to any donation of any body part or any bodily substance, to, or by, that Patient.

      Permitted Purposes has the meaning given in Clause ‎2.1.

      Personally Identifiable Information or PII means, in relation to a Patient, information that, when used alone or with other relevant data, can identify that Patient, but does not include Protected Health Information. By way of example, this may include a Patient’s name, address, birth date, email address, telephone number, or direct identifiers (e.g. passport information or Emirates ID number).

      Process means any operation or set of operations which is performed upon Protected Health Information,  Personally Identifiable Information, or any other Data, whether or not by automatic means, such as creating, collection, entering, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction and Processed, Processes and Process shall be construed accordingly.

      Third-Party Terms means any applicable third-party license or other relevant terms and conditions that may be applicable to You and associated with Your use, access, connectivity or download of the App. Third-Party Terms include, without limitation, any licence or other terms associated with Your use of UAE Pass or a mobile application ‘e-store’ where the App is available for download.

  2. ACCESS RIGHTS

    1. For as long as You comply with the terms of this Licence, We grant You a royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access (Access Right) and use the App solely in accordance with this Licence and for the purposes of accessing and viewing Your Protected Health Information and Personally Identifiable Information, utilizing any other features made available on the App from time to time, receiving or obtaining healthcare services from a Healthcare Facility or other services provided by Us or third-parties now or in the future through the App, and for such other purposes as permitted by Applicable Laws (together, Permitted Purposes).

    2. Your Access Right may be utilised either via the App mobile application or browser-based application.

  3. USE RESTRICTIONS

    1. Your use of the App must be in accordance with the terms of this Licence, any guidance or instructions from Us provided to You from time to time regarding Your use, all applicable Third-Party Terms and all Applicable Laws (together, the Access Obligations).

    2. You acknowledge that a breach of any Access Obligations is a serious matter that could lead to:

      (a) (a) Your access and use of the App being suspended, terminated or otherwise restricted; or

      (b) (b) You being personally responsible in law for wrongful acts or omissions, which could result in You being subject to action taken by the relevant authorities.

    3. You must notify Us promptly (and at least within 24 hours) by sending an email to contact@sahatna.aeif You breach any Access Obligations, or if You become aware of any unauthorised access, disclosure, acquisition or use of Protected Health Information or Personally Identifiable Information.

    4. You agree to participate and cooperate in any audit or investigation regarding any potential breach of any Access Obligations, whether conducted by Us (or our appointed auditors), a Healthcare Facility that has provided healthcare services to You, or any other judicial or official body. You confirm that any information You provide to us whether as part of any audit or investigation or otherwise is truthful, accurate and comprehensive to the best of Your knowledge.

    5. You must not (and must not attempt to):

      (a) access or use the App for any reason or purpose other than a Permitted Purposes;

      (b) access or use the App in breach of the Access Obligations;

      (c) access or use any Protected Health Information or Personally Identifiable Information other than Your own (where proxy access for family members and minors is made a feature of the App, We will update this provision);

      (d) disclose (including via any website or online portal) to any third-party, Your sign-in credentials, password or any other security measures issued to You by Us; or

      (e) allow any third-party to access or use the App using Your sign-in details, including (without limitation) due to leaving any device logged-in and unattended.

    6. The App contains technological copy protection or other security features designed to prevent unauthorised use. You shall not, and shall not attempt to remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security measures.

    7. The App utilises various security solutions. You acknowledge however that no system can perfectly guard against risks of intrusion or disclosure of information. When using the App, information will be transmitted over a medium that is not within Our exclusive control.

  4. AVAILABILITY

    1. You agree and acknowledge that:

      (a) the App is provided to You “as is” and “as available” and we do not warrant or guarantee that the App, or any part thereof, or any content on it, will always be available, uninterrupted, problem-free, free of omissions, or error free;

      (b) We shall have no responsibility or liability (and nor shall Our Affiliates and Our respective licensors and service providers) in relation to the availability or performance of the App for any reason;

      (c) We shall have no responsibility or liability (and nor shall Our Affiliates and Our respective licensors and service providers) in relation to the accuracy, completeness, timely transmission, or availability of Your Protected Health Information, Personally Identifiable Information or any other information made available via the App (as these are the responsibilities of the Healthcare Facilities and other third-parties who provide such information via the App); and

      (d) We may make changes to the App from time to time in Our discretion, including but not limited to changes to: (i) the availability of features; (ii) how long, how much or how often any given feature may be used; and (3) feature dependencies upon other services or software. These changes will be communicated via a feature in the App.

    2. To the maximum extent permitted under Applicable Laws, We, Our Affiliates and Our respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

  5. INTELLECTUAL PROPERTY RIGHTS

    You will not acquire ownership of, and will not attempt to challenge the proprietary rights (including any Intellectual Property Rights) of Us and/or Our licensors in the software components of the App (Software) or any tools, processes, methodologies, operating manuals, specifications, documents or other materials made available by Us or Our licensors for the purposes of interacting with the App (Materials). You must not (and must not attempt to) alter, obscure, remove, interfere with, or add to any of the trademarks, trade names, markings or notices used on or contained in the Software or Materials (and where You are permitted to make a copy of any Materials, You must ensure that all those trademarks, trade names, markings and notices are reproduced).

  6. USE RESTRICTIONS

    1. You must not: (a) reverse engineer, decompile, disassemble, reverse engineer or work around technical limitations in the App, except where Applicable Law permits it despite this limitation; (b) disable, tamper with or otherwise attempt to circumvent any mechanism that limits Your use of the App; (c) rent, lease, lend, resell, transfer, or sublicense use of the App to or for third parties, except as explicitly permitted by this EULA; (d) use the App for any purpose that is unlawful or prohibited by this EULA; (e) use the App in any manner that could damage, disable, overburden, or impair it, or the network(s) connected to it, or (f) interfere with any other person’s use of the App.

    2. You are solely responsible for any third-party software that You install or connect with the App. You may only install or use any such third-party software in a way that does not subject Our Intellectual Property Rights or technology to any terms governing such software. We are not a party to and are not bound by any terms governing Your use of any third-party software. We do not grant any licenses or rights, express or implied, to such third-party software. However, if the App allows You to access any third-party software with proprietary license terms, those terms control Your use of any third-party software.

    3. During use of the App, You may interact with third-party applications or service providers. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between You and the applicable third party. We and Our licensors shall have no liability, obligation or responsibility for any interaction, correspondence, purchase, or promotion between You and any such third party. We do not endorse any sites on the internet that may be linked through the App. We provide these links to You only as a matter of convenience, and in no event shall We or Our licensors be responsible for any content, products, or other materials on or available from such sites. We provide the License to You pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware, or services may require Your agreement to additional or different license or other terms prior to Your use of or access to such software, hardware, or services.

    4. You are responsible for any content, including but not limited to Data, text, multimedia images and other materials provided by You in connection with Your access and use of the App (collectively, the “Content”). You warrant and represent that the Content: (a) does not infringe or violate the rights of any third-party including, but not limited to, Intellectual Property Rights and rights of publicity; (b) is not defamatory or obscene; and (c) does not violate any Applicable Law.

    5. You shall not engage in any violations of privacy, “spamming”, violations of law, or conduct that might infringe on the rights or obligations of any third-party. You shall inform Us as soon as is reasonably practicable in the event of any known or perceived security breach.

  7. TERMINATION AND SUSPENSION

    1. This Licence starts as soon as You accept the terms of this Licence for first access or use of the App and shall remain in force until terminated by Us in whole or in part in accordance with this Licence.

    2. We may, at any time in our sole discretion, without limiting Our other rights and remedies and without the need for a judicial order and without incurring any liability to You, immediately suspend, withdraw or restrict the availability of all or any part of the App or terminate this Licence and Your access, or downgrade Your level of access for any reason. We do not need to provide You notice of any suspension or termination or restriction, but We may discuss this with You if We deem it appropriate.

    3. Examples of why this Licence may be suspended or terminated or restricted include (without limitation):

      (a) if You have breached or are under investigation for breaching any term of this Licence (including Access Obligations) or if You have otherwise used the App inappropriately;

      (b) if We need to safeguard Your account or Data, due to a report by You or any third-party of a potential security breach;

      (c) if You have committed any act or omission in breach of Applicable Laws, or which, potentially gives rise to any liability or sanction under Applicable Laws;

      (d) if You, in the course of accessing, using or downloading the App, are in breach or We deem You to be in breach of any Third-Party Terms.

    4. 7.4 You may request for Your access to the App to be suspended or terminated or Your account to be locked at any time by contacting Us at contact@sahatna.ae If this Licence is suspended or terminated, this means You will not be able to access or use the App.

    5. 7.5 Notwithstanding suspension or termination of Your access to the App for any reason, Your Protected Health Information and Personally Identifiable Information will be retained by Us in accordance with Applicable Laws.

  8. LIMITATION OF LIABILITY

    1. You acknowledge and agree that:

      (a) Protected Health Information made available via the App may not include Your full and complete medical record or history. In particular, Your Protected Health Information will not include any of Your medical record or history generated or Processed outside of the Emirate of Abu Dhabi unless any exceptions apply as coordinated with Federal and Emirate-level authorities (e.g. to deal with national emergencies);

      (b) Protected Health Information made available via the App is not a substitute for any Healthcare Facility or Healthcare Professional obtaining whatever information they deem necessary, in their professional judgment, for Your proper treatment. Each Healthcare Facility and their Healthcare Professionals shall be responsible for all decisions and actions taken or not taken involving Patient healthcare, utilization management, and quality management for their Patients resulting from, or in any way related to, the use of the App or the Protected Health Information made available through the use of the App. We, Our Affiliates and licensors do not assume any role in Your healthcare; and

      (c) We and Our Affiliates and licensors are not engaged in the practice of medicine and that the App is an information tool only and is not a substitute for competent medical advice. All medical practice management and Patient healthcare decisions made in relation to how the App (including any related Data) may be utilised, and the consequences thereof, will be exclusively the responsibility of each Healthcare Facility and their personnel. We, Our Affiliates and licensors shall not be liable to You for any claims that any improper medical treatment resulted from Your use of, or reliance upon (or any third-party’s use of, or reliance upon) the App, or Your Protected Health Information made available through the App.

    2. You shall defend, indemnify and hold Us harmless against any Losses suffered or incurred by Us or awarded against Us in connection with actions against Us and sanctions imposed on Us by a court, tribunal, regulator or other governmental authority under Applicable Laws and/or claims by third parties, in each case caused by any breach of Your obligations in this Licence (including any breach of Third-Party Terms), breach of Applicable Laws or due to, or arising from, Content provided by You.

    3. 8.3 Nothing in this Licence excludes or limits any person’s liability to the extent that any Applicable Laws precludes or prohibits any exclusion or limitation of liability. Subject to the foregoing and to the fullest extent permitted under Applicable Laws:

      (a) in no event will We or Our Affiliates, or any of Our respective licensors or service providers, be liable to You (i) for any use, interruption, delay, or inability to use the App, delays, interruption, or loss of services, loss or corruption of Data; failure to accurately transfer, read, or transmit information; failure to update or provide correct information; system incompatibility or provision of incorrect compatibility information; or breaches in system security; or (ii) for any consequential, incidental, indirect, exemplary, special, or punitive damages, whether arising out of or in connection with this Licence, breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not You were advised of the possibility of such damages; and

      (b) in no event will We or Our Affiliates, including any of Our respective licensors and service providers, be liable under or in connection with this Licence or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any matter other than gross negligence or wilful default.

  9. CONFIDENTIALITY

    1. You undertake to treat as confidential Your unique sign-in details and passwords, and all information in any medium or format (whether marked “confidential” or not) which You receive from Us, either directly or from any other person, which concerns the operation or management of the App (Confidential Information).

    2. You may use the Confidential Information only for the purposes of, and in accordance with, this Licence.

    3. This Clause ‎9 shall not apply to any Confidential Information which:

      (a) is in or subsequently enters the public domain other than as a result of a breach of this Clause ‎9;

      (b) has been or is subsequently received by You from a third-party which is under no confidentiality obligation in respect of that information; or

      (c) was previously known to You free of any obligation to keep it confidential.

    4. This Clause ‎9 shall remain in full force and effect notwithstanding any termination of this Licence.

  10. DATA PRIVACY

    1. Please visit https://www.sahatna.ae/ privacy-policy to view our Privacy Notice. You agree to share Your Personally Identifiable Information with Us for the the proper administration and operation of the the App and for other purposes set out in our Privacy Notice.

    2. You undertake to ensure that any Personally Identifiable Information You provide to Us in connection with this Licence or the App is current, accurate and complete. If You believe there is any error or correction required to any Data regarding You which is visible in the App, You are directed to contact Us or, where applicable, the relevant Healthcare Facility who collected such records to process a change or update.

    3. You consent for Us to Process Your Personally Identifiable Information:

      (a) in connection with Our marketing activities (which may also include disclosing Your Personally Identifiable Information to Our third-party service providers and partners for this purpose);

      (b) for the purpose of Us exercising Our legal rights or defending against legal claims; and

      (c) where We believe it is necessary for Us to investigate, prevent, or take legal action regarding illegal activities or violations of this Licence.

    4. You undertake to ensure that any Personally Identifiable Information You provide to Us in connection with this Licence or the App is current, accurate and complete. If You believe there is any error or correction required to any data regarding you visible in the App, You are directed to contact the relevant Healthcare Facility who collected such records to process a change or update. You acknowledge that the App reflects data provided by Healthcare Facilities and does not itself.

    5. From time to time, we may:

      (a) Process Your Protected Health Information and Personally Identifiable Information to comply with Applicable Laws, an order of the courts or the instructions of any governmental or regulatory authority in the UAE, including but not limited to DoH and MOHAP (for example, for the purpose of preventive and curative measures related to public health, or to maintain the health and safety of Patients and other persons who have been in contact with them);

      (b) Process Protected Health Information for the purposes of scientific and clinical research, however we will ensure that Your identity is not disclosed, and that the ethics and rules of scientific research are followed; and

      (c) disclose Your Protected Health Information and Personally Identifiable Information to Our Affiliates and third-party service providers, whether in the UAE or overseas, solely for the purpose of providing remote IT support services to Us or You in connection with the operation of the App and provided such disclosure and Processing is in accordance with Applicable Laws.

    6. You consent for us to Process Your Personally Identifiable Information:

      (a) in connection with Our marketing activities (which may also include disclosing Your Personally Identifiable Information to Our third-party service providers and partners for this purpose);

      (b) for the purpose of Us exercising Our legal rights or defending against legal claims; and

      (c) where We believe it is necessary for Us to investigate, prevent, or take legal action regarding illegal activities or violations of this Licence.

  11. THIRD PARTY DATA

    The App may incorporate Data and information (including PHI) from other third-party sources. Any such Data and information is made available in the App solely for your convenience and We cannot and do not verify the accuracy of any third party Data or information published on the App.

  12. GENERAL

    1. We may change the terms of this Licence at any time and We will inform You (via a message displayed on the App) of such changes. If You do not wish to proceed with the Licence following such notice, You must cease to access and use the App. Continued use of the App will be deemed to be acceptance of such changes. We display an effective date and a latest revision date so that it will be easier for You to know when a change has taken place.

    2. If any provision of this Licence is found to be ineffective by any court of applicable jurisdiction, the remainder of this Licence will remain in effect.

    3. If We provide You extra time or if We do not enforce Our rights immediately, this does not preclude Us from doing so later on.

    4. This Licence (and the matters incorporated within it) comprises the whole agreement between You and Us and neither You or We are relying on any terms set out elsewhere. This does not affect Your or Our responsibility for any statements made fraudulently.

    5. We may transfer all or any of Our rights or obligations under this Licence to any Affiliate or to any person nominated by Us without Your consent. You are not able to transfer or delegate Your responsibilities under this Licence.

    6. We may issue any legal notice to You via the App or the contact details provided by You as part of registering You as an authorised user. You may issue any legal notice to Us at the address set out in this Licence.

    7. If You have any questions in relation to Your use of the App or any complaints or other comments relating to the App or this Licence, these should be addressed to Us via contact@sahatna.ae.

  13. GOVERNING LAW AND JURISDICTION

    This Licence and any non-contractual obligations arising out of or in connection with it are governed by and interpreted in accordance with the laws of the UAE as applicable in the Emirate of Abu Dhabi. You submit to the exclusive jurisdiction of the UAE courts, provided that We will always have the right to bring proceedings against You in any other court of competent jurisdiction for the purpose of enforcement or execution of this Licence or any judgement or other settlement.

  14. CONTACTING US

    You can contact Us at contact@sahatna.ae. When You contact Us in this way, we will treat any PII in line with our Privacy Notice.