TrackCare Mobile Application Terms and Conditions

TrackCare Mobile Application

Terms and Conditions

Welcome to Track Care! (“us” or “we” or “Application”) is a mobile application that is developed by Certacure that allows hospitals (“Hospitals”) to connect with their patients (“Patients”) in order to provide the latter with an access to their health records.

Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the Application. These terms set forth the legally binding terms and conditions for your use of our Application, and services provided by Track Care (the “Services”) related to accessing and continuous use of the Application by yourself (the “user” or “you”).

If at any time you do not accept the terms and conditions of this agreement, you should immediately cease all use of the Application and its ancillary Services. The Application has the right to refuse providing Service to any user that refuses to abide by the terms and conditions herein or abuses rights related to the Application.

Terms and Conditions may be copied, duplicated, retransmitted, reposted, in whole or in part, or otherwise used without our express written approval.

  1. INFORMATION ABOUT US AND CONTACT INFORMATION
    • We are Certacure a Healthcare IT company registered in British Virgin Islands (BVI). We manage this Application in Google Play Store and Apple Appstore.
    • You can contact us by telephoning our customer service team at +962795269091 or by writing to us at [email protected]
  2. CREATING ACCOUNT
    • In order to use our Application, the Hospital shall provide you with an account (“Account”), whereby various information regarding the user might be required, including but not limited to the national ID of the Patient and other relevant documentation as may be necessary. We might not always request such information, however if we do, you must provide it.
    • You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password.
    • Our Application is directed to Jordanian citizens residing in the Hashemite Kingdom of Jordan. We do not acknowledge that the content available in or through our Application is suitable for use or available at other locations.
  3. FURTHER TERMS THAT MAY APPLY
    • These terms of use refer to the following additional terms, which also apply to your use of our Application:
  • Our Privacy Policy.

 

  1. USING TRACKCARE
    • You must be at least 18 years of age to use our Application. By using our Application and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. We may monitor and review new accounts before you may sign in and use our Application. Providing false contact information of any kind may result in the termination of your account.
    • If you register an account on our Application, you must provide accurate and complete registration information and keep this information up to date at all times, including but not limited to, any change in the mobile phone number used, and we will not be responsible for any actions or omissions that you have undertaken in this regard, including any damages of any kind incurred as a result of these acts or omissions.
    • If we choose, or provide you with, a pre-defined username, password and/or answers to security questions in order to access the service or any other part of the information as part of our security procedures to access the Service, you must treat such information as confidential . You must not disclose it to any third party, and it is your responsibility to keep this information confidential and not to disclose it to anyone else. You will be responsible for maintaining the security of your account and you are fully responsible for all activities that occur on the account and any other actions taken and related to your account.
    • If you believe that someone else may know the username, password, and/or pre-defined answers to security questions or have the ability to illegally access your account in any way, you must log in to your account and change the username, password, and/or answer specified pre-questions on security questions, and immediately notify us via email with the above contact details instantly.
    • We will not be liable for any actions or omissions on your part, including any damages of any kind incurred as a result of these actions or omissions. We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated any of these terms and conditions of use or that your behaviour or content is detrimental to our reputation and commercial reputation. If we delete your account for the previous reasons, you may not re-register for our Services. We may block you to prevent any registration.
    • We have the right to deny your access to the Service (or any part thereof) and/or disable any pre-defined username, password and/or answers to security questions, whether you choose them or assign them to you, at any time, if we reasonably believe that you fail to comply with any of these terms of use. We are not responsible for content residing on our Application. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content.
    • In connection with using or accessing the Services you represent and warrant the following:
      • All required registration information you submit is truthful and accurate;
      • You will maintain the accuracy of such information;
      • You are not a person/legal entity barred from receiving Services under the laws of the Hashemite Kingdom of Jordan or other applicable jurisdiction;
      • Your use of the Services does not violate or circumvent any laws, or regulations, third-party rights or our systems, policies, or determinations of your account status. Your Account may be deleted without warning if we believe that you have violated any of the above conditions;
      • You will not distribute viruses or any other technologies that may harm the Application or the interests or property of users;
      • You will not use any robot, spider, scraper, data mining tools, data gathering and extraction tools; and
      • You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to the Application.
  1. PRODUCT & DESCRIPTION
    • While we do connect you with Hospitals, the Application has no control over the quality, safety, morality, or legality of any aspect of the uploaded information, the truth or accuracy of your health records, the ability of Hospitals to upload them. The Application does not pre-screen users, or the content or information provided by Hospitals.
    • We are the owner or the licensee of all Intellectual Property rights in our Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our Application for your personal use and you may draw the attention of others within your organisation to content posted on our Application.
    • You must not use any part of the content on our Application for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you use any part of our Application in violation of these terms and conditions of use, your right to use our Application will cease immediately and you must, as we deem appropriate, return or destroy any copies of the materials you have prepared.
    • You are solely responsible for your data. You are responsible for ensuring that your data comply with all applicable laws, guidelines and recommendations in relation to the Service provided. You must fully compensate us for all costs, expenses, damages, and losses, including any interest, fines, fees, or other legal or professional expenses granted against us, incurred, or paid as a result or in connection with any breach by you of your obligations under this clause.
  2. COMMENTS / RATING
    • Our Application may contain special places for your inclusion of comments and rating of service providers from business owners who are subscribe to our Application. You undertake that you will not include any comments that are offensive to any person or entity in your comments/rating of any of the service providers and that you will not use our Application in an abusive manner to others. We reserve the right to delete your account with immediate effect in the event that you violate any of these terms and conditions and without the need to notify you.
  3. YOUR RIGHT TO MAKE CHANGES
    • If you wish to make a change and/or amend and/or delete any of the information shared by Hospitals you have, please contact the Hospital and/or us.
  4. EVENTS BEYOND OUR CONTROL
    • We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure occurs due to any cause beyond our reasonable control.
  5. RESTRICTIONS ON YOUR USE
    • You may only use our application for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages.
    • In addition, you must not:
      • use our Application to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
      • use our Application for mail bombing or flooding or to make deliberate attempts to overload a system;
      • use our Application to post content or link to content where the owner of that content has not consented to or authorised that posting or linking or where that posting or linking infringes the rights of that owner;
      • attempt to gain unauthorised access to our Application, the server, equipment or network on which our website is stored, any server, computer or database connected to our website or any software;
      • use our Application to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
      • use our Application to monitor data or traffic on any network or system;
      • use our Application to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spearing, scraping and harvesting);
    • If you breach any term of these Terms and Conditions your right to use our Application will immediately end. In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.
    • If you breach any term of these Terms and Conditions, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.
  6. VIRUSES
    • We do not guarantee that our Application will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and device to access our Application. You should use your own virus protection software.
    • You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site the server on which our Application is stored or any server, computer or database connected to our Application. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.
  7. TERMINATION
    • You may cancel your account at any time by contacting our team via email at [email protected]
    • We reserve the right to refuse the Service to anyone for any reason at any time without the need to provide any justification or reason for such refusal.
    • We may restrict, suspend, terminate your use and access of the Application and your Account without notice or liability to you and in our sole discretion, at any time if the following occurs:
      • You are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of these Terms and Conditions;
      • Your activities on or in relation to the Application may violate applicable law;
      • You are unable to verify or authenticate any of your personal information; or
      • You do not, within a reasonable time of us asking for it, provide us with information that is necessary to us.
  1. APPLICATION CONTENT
    • Whenever you make use of a feature that allows you to upload content to our Application or to make contact with other users of our Application, you must comply with our content standards.
    • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    • We may suspend, disable, or delete your account (or any part of it) if we determine that any third party with a valid claim or claim that any content you post or upload to our Application violates their intellectual property rights, or their right to privacy.
    • You are solely responsible for securing and backing up your content.
  2. DISCLAIMER OF WARRANTY
    • You expressly agree that your use of our Application and its Services is solely at your own risk. You agree that our Application’s Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Application’s Services or any transactions entered into through our Application. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
  3. LIMITATION OF LIABILITY
    • To the fullest extent permitted by applicable law, we, our affiliates, officers, directors, employees, agents, suppliers or licensors shall under no circumstances whatever be liable to you or to any person, whether in contract, tort (including negligence), breach of statutory duty, warranty or otherwise, for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity), even if we have been advised as to the possibility of such damages or could have foreseen such damages.
    • We can grant and revoke access to your data at any time, or deny requests to access your data. Under no circumstances shall we be liable to you or any person for any indirect, incidental, special or consequential damages (including, but not limited to, damages arising from loss of profits, revenue, sales, goodwill, use of the content, or influencing work, business interruption, loss of anticipated savings or loss of business opportunities) as a result of your granting or revoking access to your data on our Application or resulting from any interruption or suspension of Services by any external entities, listed or unlisted by us, as a result of your actions in Cancellation, restriction and / or denial of access to your data / information.
  4. INDEMNIFICATION
    • You agree to indemnify and hold us and our affiliates, officers, directors, employees, agents, suppliers or licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party claims, allegations, disputes, actions or demands asserted against any of them as a result of or relating to your content, data, your use of our Application or Services or any wilful misconduct on your part.
  5. SERVICE PROVIDERS
    • We may employ third party companies and individuals to facilitate and implement our services (“Service Providers”), provide the services on our behalf, perform services-related services or assist us in analysing how our Services are used or to process, analyse, store and save any relevant information including your personal data. These third parties have access to your personal data only to perform these tasks on our behalf and will be obligated not to disclose or use it for any other purpose.
  6. INFORMATION ON THIS APPLICATION
    • The content on our Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Application. Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application is accurate, complete or up to date.
    • This Application may include information and materials uploaded by other users of the Application, including Hospitals. This information and these materials have not been verified or approved by us. The views expressed by other users on our Application do not represent our views or values.
  7. AMENDMENTS
    • We reserve the right to change this Terms and Conditions at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such modifications, amendments or deletions shall be effective immediately upon posting on the Application, as per the date of modification, change, amendment, mentioned hereunder. Continued use of the Application following any such changes will be interpreted as acceptance to such changes by yourself.
    • We reserve the right to change or amend our Application and its content, including without limitation, adding or removing content or functionality, at any time, and without the need to notify you of such change.
  8. AVAILABILITY
    • We do not guarantee that our Application, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Application for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, and under no circumstances will we be liable to you or to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) if we do not notify you of such suspension or withdrawal.
  9. ASSIGNMENT
    • We may transfer our rights and obligations under these terms to another organisation. We will inform you in writing if this happens and we will ensure that the transfer will not affect your rights herein.
  10. PERSONAL INFORMATION
    • By using our Application, you agree to process any personal data that you provide to us or collect from you as a result of your use. Our Privacy Policy sets out what we do in relation to this personal data.
  11. By using the Application, you acknowledge and consent to having us retain any and all information and/or data pertaining to you and/or to any transaction you effect via the application for the purposes of complying with any legal obligations and to the maximum period allowed by applicable law. You also consent to having us disclose any and all such information and/or data and/or details relating to any transaction you effect through the application to any competent authority noting that we will only disclose any of the foregoing to the extent that we are required to make such disclosures to the said authorities.
  12. ADVERTISING
    • From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Application. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).
  13. Intellectual Property
    • All Content included on the Application including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Certacure, our affiliates or other relevant third parties. By continuing to use the Application you acknowledge that such material is protected by applicable intellectual property and other laws.
    • Your use of the Application and its contents grants you no right to reproduce, copy, distribute, store or in any other fashion re-use material from the Application unless otherwise indicated on the Application or unless given express written permission to do so.
    • The Application is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Application.
    • We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Application and to promptly end any infringement that might occur. If you believe that the Application contains elements that infringe your copyrights in your work, please contact us immediately.
  14. GOVERNING LAW AND JURISDICTION
    • These Terms and Conditions will be governed and construed in accordance with the laws of the Hashemite Kingdom of Jordan. All disputes arising out of or relating to the use of the Application and the Services shall be exclusively heard by the courts of Amman (Palace of Justice), Jordan. You agree that any claim or cause in respect of this Application or its Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.
  15. SEVERABILITY
    • If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws of the Territory, then, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
  16. ENTIRE AGREEMENT
    • You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
    • You acknowledge that you have read these terms and conditions and agree to all its provisions. By using our Application or its services you agree to be bound by these terms and conditions. If you do not agree to abide by these terms and conditions, you are not authorized to use or access our Application and its services.
  17. How to Contact US
    • If you have any questions or comments about these Terms and Conditions of Use or this Application, please contact us by email at [email protected].