This Terms of Service (Agreement/”TOS”) creates and represents a legally binding agreement made by and between Delta Medical Laboratory / Service Provider (hereinafter referred to as the “Service Provider”), and you, acting in your capacity as an individual and, if applicable, on behalf of the entity you are legally representing or for whom you are using this mobile application/Website (hereinafter referred to as “You”).
These TOS, as well as the Service Provider privacy policy available at https://delta-medlab.com/, form legally binding Agreements between You and the Service Provider. By using Service Provider Services, you understand and agree that You are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these TOS, and to abide and comply with these TOS.
2-1 These TOS govern your access to and use of the site https://delta-medlab.com/ (Site) in addition to the Delta Medical Laboratory and any other World Wide Website owned, created, operated, licensed, or controlled by the Service Provider (collectively, the “Website”) and all other products, services or applications offered or developed by the Service Provider on the Website (referred to hereinafter singularly/collectively as the “Services”).
2-3 These TOS will also govern and apply to all visitors, users, subscribers, and others who access the application and use the Services (“Users”).
2-4 These TOS, in addition to any terms, guidelines, or rules provided by the Service Provider and/or approved by the user or subscriber (including but not limited to our service contract), are hereby incorporated by reference into the TOS.
2-5 Service Provider may also offer other services or new services that are governed by different Terms of Service, which will be set and added accordingly.
2-6 By accessing or using any part of the application or services, You agree that You have read, understand, and agree to be bound by this TOS.
2-7 If there are additional posted guidelines, policies, or rules applicable to the Services or application (including the privacy policy), You are required to follow those as well. Those policies and guidelines are incorporated herein by reference into this TOS. If You do not agree to be bound by the TOS and to follow all applicable laws, guidelines, and policies, do not access or use the application/services and leave it immediately. Any express or implied Use by You or under your directions or assistance without agreeing to be bound by these TOS will represent and be deemed an express violation of the Service Provider’s rights and will entitle the Service Provider to prosecute You and seek full remedy from You for such violations.
2-8 Internet Technology and applicable laws, rules, and regulations change frequently. Accordingly, Service Provider reserves the right to make changes to this TOS at any time. Your continued use of the Website constitutes implied assent to any new or modified provision of these TOS that may be posted on the application/services. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
2-9 Service Provider reserves the right to update, change, or amend these TOS at any time, with or without notice, and for any reason by posting the revised version on the application/site. Revisions to terms affecting existing Service Provider Services shall be effective immediately after posting at the Website/Mobile Application. Terms for new Service Provider services are effective immediately upon posting on the Website. The continued access or use of this application and any Services contained therein as of the effective date of any such modification shall be deemed your continuing acceptance of these TOS, as modified.
3-1 The Term Services in this TOS refers to and includes by reference all and any Website Services, Applications, and Products provided or agreed to be provided by the Service Provider to You which are subject to compliance with the notices, terms, and conditions set forth below and elsewhere on this application/services (including but not limited to our Privacy Policy).
3-2 Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Users except when and as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that You are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. You must comply with all of the terms and conditions of these TOS, any policies referred to below or on the application/services, and all applicable laws, regulations, and rules when You use the application/services.
3-3 Subject to the terms and conditions of these TOS, you are hereby granted a limited, revocable, conditional, and non-exclusive right to use the Services and the content and materials on the application/services in the normal course of your use of the application/services. During or for the purpose of getting access to the Services, you may not use any third-party intellectual property without our consent and the express written permission of the applicable third party, except as permitted by law. Service Provider will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of these TOS or otherwise, except as expressly set forth in these TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the application/services, other than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in these TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
3-4 If You become aware of any conduct that violates these TOS, Service Provider requests and encourages You to contact us. Service Provider reserves the right, but will have no obligation, to respond to such communications. Service Provider provides Services accessible on different equipment and devices including but not limited to certain mobile devices and Computers, which You are providing for this purpose. Service Provider is not liable to provide the required devices or the telecommunication facilities (i.e., internet connection or mobile service).
3-5 Service Provider will use its best endeavors to keep the Services always running and applicable to lawful Users complying with these TOS. But the Service Provider will be neither responsible nor liable for any failure or suspension of the Services Provided, pursuant and subject to the provisions of this Agreement/TOS, for any reason and for any term.
4-1 You do not have to register in order to visit the application/services. But, to access certain features of the Services, you will need to register with the Service Provider and create a “User” account through the online registration process on the Website. This account gives You access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide Service Provider with accurate and complete registration information, as prompted in the registration form. You must promptly notify Service Provider if any of this information changes.
4-2 If You fail to provide or update the information referred to in 4-1, the Service Provider may reject or terminate your right to use the application or the Services. In case this is your first approach to Service Provider, and once your registration is completed, you will be directed to request the Service Provider to open an account for You and provide You Passwords to said account. You will be asked to choose a password and such chosen password will be recorded and treated as your password and means of access to the account You opened. You must always keep your password confidential. You will be responsible for all use of your password and account, and You will be always liable and answerable to the Service Provider or to any aggrieved party for any consequences resulting from your failure to keep the password secure, including, without limitation, any use by any unauthorized third party.
4-3 You must notify Service Provider immediately if You believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify Service Provider immediately if You become aware of any other breach or attempted breach of the security of the application or the Services. Under no circumstances should You respond to a request for your password, particularly a request from an individual claiming to be an employee of Service Provider. Service Provider employees will never ask for your password. You must notify Service Provider if You receive such a request. Three consecutive logon failures will result in suspension of your login information requiring You to contact the Service Provider via email to revalidate your Login information.
4-4 Consent to Communications from Service Provider: By registering as a User and providing Service Provider your email address, you consent to our using the email address to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating You do not wish to receive such emails and would rather use an alternative form of communication, subject to approval by the Service Provider. We may also use your email address to send You other messages, including changes to features of the Services and special offers. If You do not want to receive such email messages, you may opt-out. Opting out may prevent You from receiving email messages regarding updates, improvements, or offers. But please note that if You request closing your email without providing an alternative form of communication, the Service Provider shall have the right to suspend your account provisionally or for good and invalidate the use of your Password, without notification. And You accept that under such circumstances You shall have no right of any legal recourse against Service Provider.
You are responsible for safeguarding the password that You use to access the Services and You agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not You authorized that activity, and whether or not You have prior knowledge of the unlawful access to your account. You should immediately notify Service Provider of any unauthorized use of your account.
You acknowledge that if You wish to protect your transmission of data or files to Service Provider, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Subject to your compliance with these TOS, You are granted a conditional, limited, non-exclusive, non-licensable, non-assignable, paid license to personally download and install, use/apply the Software on your personal computer, mobile phone or other device and personally use the Service/products/application through your account (as applicable) (“User Account”) for the time or duration agreed by the Parties to this TOS.
6-1 For the avoidance of doubt:
(a) IT administrators working on behalf of an entity (representing the User or which the User is the owner of) may, subject to prior agreement between the Service Provider and User, download and install the Service Provider Software onto personal computers or other devices used by personnel of such entity; and
(b) You are permitted to use the Service Provider application or Services.
6-2 All rights and licenses granted to You (as User) under these TOS are granted temporarily, and the Service Provider reserves to itself all other rights not expressly granted to You under these TOS/Agreement.
7-1 You, as User, agree and accept that You are declined, restricted and denied any right to:
7-1-1 Probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, or Service Provider (or our service providers’) computer systems; interfere with or disrupt any user, host, or network (e.g., by sending a virus, overloading, flooding, spamming, or mail-bombing); plant malware or otherwise use the Services to distribute malware; access or search the Services by any means other than our publicly supported interfaces; send unsolicited communications, promotions, advertisements, or spam; send altered, deceptive, or false source-identifying information (e.g., “spoofing” or “phishing”); publish anything fraudulent, misleading, or that infringes another’s rights; promote or advertise products/services other than your own without authorization; impersonate or misrepresent your affiliation; abuse Service Provider referrals; publish or share materials that are unlawfully pornographic, indecent, advocate bigotry/hatred, violate the law, violate the privacy of others, or defame others.
7-1-2 Sub-license, sell, assign, rent, lease, lend, export, import, host, distribute, transfer, or otherwise grant rights to any third party in the Software or Service Provider Website Services; undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software; remove, obscure or alter any copyright notices or other proprietary notices; use the Software to provide commercial products or services to third parties. (The foregoing shall not preclude You from using the Software for your own business communications, subject to Section 4.1 above).
7-1-3 Separate or use the Services or any of their components on two or more systems so as to enable un-authorized Use or application of the Services or enable distribution of their contents.
7-1-4 Reverse engineer, decompile or disassemble any of the Products, Services or applications or any Service deliverables nor attempt to do so nor assist or require assistance to do so, except to the extent permissible by these TOS or by the Service Provider.
7-2 Software Special Licensing and Updates Some use of our Service requires You to download a client software package (“Software”). Service Provider hereby grants You a special, limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if You violate these TOS in any manner particularly in any manner that implicates our intellectual property rights. We hereby reserve to ourselves all rights not expressly granted in these Terms. Our Services may update the Software on your device automatically when a new version is available. Our pause syncing feature pauses syncing of your files, but may not cease all data transfer, so You should exit the desktop client if You’d like to stop data transfer.
8-1 Third Party Technology: If You are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third-party products, hardware, software applications, programs or devices (“Third Party Technology”), You agree and acknowledge that: (a) You may be required to enter into a separate license agreement with the relevant third-party owner or licensor; (b) some Products and/or functionality may not be accessible through the Third Party Technology; and (c) Service Provider cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
8-2 Third Party Sites: The application or Services may lead to or contain links to third-party websites, advertisers, or services that are not owned or controlled by Service Provider. Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If You access a third-party website, You do so at your own risk. You expressly release Service Provider from any and all liability arising from your use of any third-party website or services. Your dealings with advertisers found on the Website are solely between You and such advertisers.
8-3 Linking and Framing: (Section intentionally left blank in original text)
8-4 Your Stuff/Contents (User-created Contents): By posting, storing or transmitting any content on or to the application or Services, You hereby automatically grant Service Provider the exclusive, unconditional, transferable, sub-licensable, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance, and distribute such content worldwide. Subject to this grant and the right of privacy, the Service Provider is fully entitled to own, use, apply or transfer the User Created Content submitted to it.
8-5 You understand and agree that the relationship established is a management/Service Agreement to gather, acquire, collect, transfer, process, merge, and migrate data related to your customers/patients.
8-6 By using our Services You provide us with information, files, and folders (“your stuff”). You retain full ownership to your stuff pre-process. These TOS do not grant us any rights to your stuff or intellectual property except for the limited rights needed to run the Services.
8-7 All above information processed in a new format or in a form that does not personally identify You or your customers constitutes Service Provider created content. Service Provider retains full ownership to said stuff, which may be processed or used commercially and non-commercially at Service Provider’s sole discretion.
8-8 Service Provider may need your permission to process the information, host your files, or share them at your direction. You give us the permissions we need solely and exclusively to provide the Services. We will not share your content with others unless ordered by court, law, or official authority, or unless You direct us to.
8-9 You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services.
8-10 We may choose to review public opinion and satisfaction to ensure compliance, but Service Provider has no obligation to monitor any information on the Services. We are not responsible for the accuracy or legality of files or user posts. Please always review and consider carefully what You choose to share.
9-1 All materials on the applications or Services (including logos, design, text, graphics) are deemed to be exclusively owned by the Service Provider, its licensors, licensees, or other affiliate entities.
9-2 All Trademarks: Product names, logos, designs, titles, and phrases used on any Service Provider application are owned by Service Provider or its affiliates. If You use such trademarks or logos, you must include appropriate attribution. You agree not to use or apply any of these trademarks, trade dress, or confusingly similar marks without express permission.
9-3 Ideas and Submissions: By submitting comments, feedback, suggestions, or ideas (“Ideas”), you agree that the submission is gratuitous, unsolicited, and without restriction. Service Provider is free to disclose or use the Ideas without any payment or compensation to You. Such disclosure constitutes a perpetual, royalty-free, worldwide license to the Service Provider to all rights in and to the Ideas.
9-4 Each Party consents to treat all of the other Party’s confidential non-public information as strictly confidential.
10-1 Files and other content applied in the Services may be protected by intellectual property rights or Privacy obligations. You, not Service Provider, will be fully responsible and liable for what You copy, share, upload, download, or otherwise use.
10-2 You are responsible for maintaining and protecting all your data. Service Provider is not responsible for any loss or corruption of your data.
10-3 If your contact information changes, you must notify us promptly. The Service Provider will not be able to provide the agreed Services if your contact information is changed without being communicated.
10-4 If You become aware of any conduct that violates these TOS, the Service Provider requires and encourages You to report this.
We have implemented reasonable technical and organizational measures designed to secure your personal information. However, we cannot guarantee that unauthorized third parties will not defeat those measures. You agree that You provide your personal information at your own risk. Each Party agrees:
11-1 To take reasonable steps to protect the Other’s received Personal Information.
11-2 To use the Site and the Software always as agreed.
11-3 To avoid making non-agreed modifications of the System running the Service.
11-4 Each Party may disclose Confidential Information if required by law, court order, or competent authority.
11-5 The obligation of confidentiality survives expiry and termination of this Agreement for ten years.
12-1 You represent and warrant to Service Provider that:
12-1-1 You have the full power and authority to enter into and perform your obligations under these TOS.
12-1-2 Your performance does not constitute a breach of any other lawful obligations or agreements.
12-1-3 These TOS constitutes legal, valid and binding obligations on You.
12-1-4 You will not infringe the intellectual property or proprietary rights of any third party or the right of privacy of your customers/patients; and You will comply with all applicable laws of Saudi Arabia.
13-1 You agree that your use of the application or Services shall be at your sole risk and peril. To the fullest extent permitted by law, Service Provider, its officers, directors, employees, agents, and shareholders disclaim all warranties, express or implied, in connection with the Services. Service Provider makes no warranties or representations about the accuracy or completeness of this application’s content and assumes no liability or responsibility for any errors, personal injury, or property damage resulting from your access to and use of our Services, or otherwise resulting from:
13-1-1 Any unauthorized access to… (Document ends here)
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