"My Care Mate" is the trademark owned by Healthcare Marketing Solutions DWC-LLC (Company). The domain name : www.MyCareMate.ae and its subdomains including all the mobile applications related to "My Care Mate" collectively referred to as "Application" is owned by the Company.
The terms 'customer', 'patient', 'visitor', 'user', and 'you' hereunder refer to the person visiting, accessing, browsing through and/or using the Application/ Application at any point in time.
The Application is a platform that facilitates the purchase of pharmaceutical products for sale by various relevant pharmacies (hereinafter referred to as “Medicine”, with the relevant pharmacies referred to as “Sellers”), provides advice by connecting users to the pharmacist.
The registration on or use/ access of the Application is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Application.
A registered id can only be utilized by the person whose details have been provided and Company does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Application for the purposes of purchasing drugs or other pharmaceutical products and wellness Services, on behalf of such persons.
You agree and acknowledge that You would
Use of Application
You understand and agree that the Application and the Company merely provide hosting services to its Users and persons browsing / visiting the Application. All items offered for sale on the Application, the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”) are third party user generated contents. The Company has no control over such third party user generated contents and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Application by the Sellers shall strictly be a bipartite contract between the Seller and the User.
The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. The Company does not have any control over, and does not determine, advise, or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
Representation as to legal title
The Company does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Application. At no time shall any right, title, claim or interest in the products sold through or displayed on the Application vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Application. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering their services for sale on the Application and are the ultimate sellers.
The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Application by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Application.
Possession and stocking
The Company does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Application. The prescription fulfillment is done by pharmacists attached to the sellers and the company does not take any responsibility or get involved at any time with the processing, the information or the instructions provided with the products.
Non-Performance of Contact
The User accepts and acknowledges the following:
Exhibition of drugs and publication of Content/ Information on the Application.
The Users agree and acknowledge that the respective Sellers are exhibiting their content/ catalogue of drugs/ pharmaceutical products and services, and information in relation to such drugs/ pharmaceutical products and services, on the Application.
The contents provided on the Application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Application or any professional medical advice, diagnosis, treatment or recommendations of any kind.
The Users acknowledge and agree that such Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Application, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Application and the Users must run their own independent check. The Users agree and acknowledge that the Company has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Application. The Users agree and acknowledge that it shall not hold the Company responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
Consulting a Registered Medical Practitioner
You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale on the Application, in light of your individual needs and medical conditions. Reliance on any information appearing on the Application, whether provided by the Company, sellers, its content providers, visitors to the Application or others, is solely at Your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Application. You further acknowledge and agree that, should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Application, the manufacturers/ Sellers from whom said content is obtained and made available on the Application shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and the Company shall have no liability in relation to the same.
Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Application. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
The Application is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Application by Sellers. In order to purchase Prescription Drugs from Sellers through the Application, the Users are required to upload a scanned copy of the prescription on the Application or send the softcopy of the same to the Company. The order would not be internally processed and forwarded to the concerned Sellers by the Company until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs for verification by our Sellers.
The Company shall maintain a record of all the prescriptions sent by the User, which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
Substitution of Prescribed Drugs
The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
The user accept to provide all relevant information required by the seller in order to fulfill the prescription, these information include but not limited to insurance details, care provider contact details.
Invitation to offer for sale
The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). The acceptance of the Offer would only be undertaken by the Seller after the validation/ verification of the prescription (or package in case of Dietician) by such Seller – in case of Prescription Drugs (or in case of packages suited in accordance to health needs of User)- and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products) and availability of time with the Dietician Expert, by way of a confirmatory message/email/other mode of communication to be sent to the User.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
The invoice in relation to the drugs/ pharmaceutical products and services that are required to be delivered to the User, shall be issued by the concerned Seller (being the pharmacy). The Seller (being the pharmacy) is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
The User acknowledges and agrees that the property in the services ordered by the User shall stand immediately transferred to the User upon the dispensation of service. The raising of the invoice in form of email/SMS will be by My Care Mate. Accordingly, the sale of service is concluded for the concerned Seller.
Delivery of Drugs and Services
The Seller or independent contractors shall deliver the goods in case of Medicines and the Seller will be sole responsible for delivery. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or the Company, shall be independent contractors in-charge of the delivery of goods from the concerned pharmacy to the address notified by the User (in case of Medicines), with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care. The User further accepts and acknowledges that the Company does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
Compliance of Applicable Law
While communicating/ transacting with Sellers through the Application, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and insure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Prescribed drugs or pharmaceutical products or intricate health related services without a valid prescription (for medicines) and without doctor’s advice (for health related services), which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
The Users must also ensure that the prescription uploaded on the Application or sent to the Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to the Company, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.
Payment, Fees and Taxes
Registration on the Application and the access to the information provided on the Application is chargeable. The Company charges fees for accessing, browsing and buying through the Application. For medicines, the Sellers may choose to either personally collect payment from the Users or may use the services of collection agents duly appointed in this regard or to use the online payment gateway provided by the company.
For other services, the payments need to be more on our Application or to the Seller directly based on Company policies. Some seller may require an extra payment for the delivery. The Users agree and acknowledge that it shall not hold the Company responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions, which are beyond the control of the Company.
Payment with Visa and Master Card in AED (Arab Emirates Dirhams) currency will be accepted for payment
We will not trade with or provide any services to OFAC and sanctioned countries
Cardholder must retain a copy of transaction records and Merchant policies and rules
User is responsible for maintaining the confidentiality of his account
Online payment for the subscription to the app are done through a secured payment gateway. You will receive payment confirmation through a written email receipt indicating the date of purchase and the amount paid for the service. You will receive this notification through the same email that you provided in order to effect payment. It will take up to 24 hours for you to receive this confirmation from the time of payment.
My Care Mate will restore the service charges as coupons to be used in future transactions with the app, no refund will be done for any delivery charges or any extra service paid for a third party.
No refund is accepted for pharmacy subscription fees.
Pharmacies can decide to cancel their subscription for the application within maximum 10 days from the payment reception, the pharmacy requesting the cancellation should send an email to email@example.com requesting the cancellation of the subscription and stating the main reason of this decision.
The refund of the cancelled subscription will be done only through the Original Mode of Payment. Please allow up to 45 days for the refund transfer to be completed.
You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
The User is also prohibited from:
The User accepts and acknowledges that Company does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Application, including any guarantee or warrantee that such goods
The User further accepts and acknowledges that the Company does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the My Care Mate Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Application or any opinion or suggestion given or expressed by the Company or any Seller in relation to any User or Services provided by the Company.
The Application may be linked to web pages and content of third parties, affiliates and business partners (collectively, “Third Party Content”). The Company does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that the Company shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, and quality of such Third Party Content. Inclusion of any link on the Application does not imply that the Company endorses the linked application. User may use the links and these services at User’s own risk.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
To the maximum extent permitted by applicable law, the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to,
In no event shall the Protected Entities be liable for, or in connection with,
You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to
Modification of Application
The Company reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension or discontinuance of the Application or any other part thereof.
The provisions of this Agreement shall continue to apply until terminated by either You or the Company as set for below:
Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Communication with Company
If you wish to correct or update any information you have provided, you may do so online, on the Application itself. Alternatively, you may contact the Company to correct or update such information by sending e-mail to: firstname.lastname@example.org.
In the event of loss of access to the Application, you may contact the Company by sending e-mail to: support@MyCareMate.ae
Healthcare Marketing Solutions DWC-LLC
Souk Albahar Burj Khalifa Distirct, Dubai
PO Box: 487177