M42 Super App Terms & Conditions

Agreement of Terms
1. All access to any part of the M42 mobile application and any updates or supplements to it (‘’App’’) are governed by the terms and conditions (‘’Terms’’) and our privacy policy located in the account settings of the App (‘’Privacy Policy’’).
2. Please read the Terms and our Privacy Policy carefully before using the App as they contain important information regarding your legal rights, remedies and obligations.
3. BY CLICKING ON’ ’ACCEPT’’ BUTTON YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS AND/OR OUR PRIVACY POLICY, YOU MUST DISCONTINUE USING THE APP IMMEDIATELY.
4. You must be 18 or over to accept these Terms and download the App.
5. In these Terms, the words ‘’we’’, ‘’our’’ and ‘’us’’ refer to M42 Ltd (‘’M42’’).
6. The App is owned by us, and we license to you the App as permitted in these Terms.
7. The Terms only apply to the use of the App. The ways in which you can use the App and may also be controlled by the M42’s rules and policies of a third-party mobile application provider.
8. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove it.
9. You may discontinue your use of the App at any time by uninstalling the App. We reserve the right to suspend your use of the App or specific services related to it at any time, for any reason, including, but not limited to, your breach of these Terms or the Privacy Policy, without notice or any liability to you or us.
Your Privacy and Confidentiality
1. Under data protection legislation, we are required to provide you with certain information regarding who we are, and how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read this information.
2. You consent to your confidential health information appearing in the App. You consent to messages being routed to the appropriate department as necessary for handling, other than your physician being involved in addressing your request. Therefore, the use of the App and the services available on the App may not be appropriate if there is sensitive information that you would only discuss with your physician.
3. It is important that you keep your App username and password in a secure location and completely confidential. We are not liable for any loss or damage that results from your failure to keep your password or username secure, and you can change them at any time.
Emergencies, Medical Disclaimer and External Data
1. Never send any messages, requiring urgent attention using the App. Delays can occur based upon volume and availability of staff, the complexity of your condition, or technology occurrences outside of our control. Therefore, for all urgent medical matters, contact your physician directly, or DIAL 998 FOR ALL MEDICAL EMERGENCIES IMMEDIATELY.
2. You acknowledge that any information including health, medical tests, and drug information or any recommendations including those for health screenings (if any), provided through the App, and any programs or applications in the App, serve as general information only, and such information is not to be viewed or relied upon as professional medical consultation or advice. We do not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the information in the App.
3. The App includes a feature which can utilise smartphone technology to provide you with certain basic health information such as blood pressure, heart rate and blood oxygen levels (“Vitals Scan”). If you use the Vitals Scan feature, you further acknowledge and agree that the Vitals Scan:
  1. is not a substitute for the clinical judgment of a healthcare professional and will not create a patient-carer relationship between you and us;
  2. is not intended, nor can it provide any diagnosis, cure, mitigation, prevention, or treatment of any disease or condition;
  3. is only available for your private use and may not be used for any commercial purposes;
  4. will require access to your phone camera, flashlight or other smartphone features to provide readings, and you may feel some bodily sensation when using the Vitals Scan;
  5. may malfunction, be inaccurate or not accessible to you if:
    1. your phone’s hardware or software is not compatible with the Vitals Scan; and/or
    2. you do not comply or are unable to comply with the Vitals Scan user instructions displayed on the App.
4. Medical consultation, teleconsultation, diagnosis and treatment must be performed through consultations with qualified medical professionals. You are advised not to substitute any information contained in the App with the advice of qualified medical professionals. You are advised to seek and obtain professional medical advice relevant to your specific medical circumstances and conditions.
5. You are advised to do your own verifications regarding the accuracy and reliability of the information contained in the App, including but not limited to, any Chatbot, Vital Scan and/or other feature. Any reliance on any information in the App is done entirely at your own risk.
6. We disclaim all liability, claims, costs, expenses with respect to any reliance by you on the information contained in the App or any associated services.
7. Subject to the functionalities of your account, we may enable you to access, amend and/or use data or information relating to you or other persons such as your children or dependants from other external sources such as respective public or private healthcare institutions (‘’External Data’’). All External Data are provided on an ‘’as is’’ and ‘’as available’’ basis. We are not responsible for the availability of, or any inaccuracies, errors or omissions in such External Data, and the use of External Data may be subject to terms and conditions imposed by external parties.
Your Medical Record and the App
1. The App may not display your full medical record but only those parts of your medical record that your physician or any relevant M42 health facilities have chosen to release. You consent to this information being accessible to current and future staff who are appropriately involved with your care or the operation of the App or the associated services, as and when applicable.
2. All medical records generated via the App are subject to UAE federal law and applicable Emirate of Abu Dhabi laws and regulations governing the security, privacy, and confidentiality of medical records. Please also refer to our Privacy Policy for more information.
Access to the App and Operating System Requirements
1. Anyone may download and use the APP via the App Store or Google Play. However, you may be required to register for an account with us before you are entitled to use certain functionalities of the App.
2. The accessibility and operation of the App may rely on systems, databases and technologies not within our control. We do not guarantee continuous accessibility or uninterrupted operation of the App. We will not be liable to you if, for any reason access to the App is delayed or unavailable for any period.
3. We may at any time change, suspend, or discontinue the App, any of its content, and/or access to part of it, at any time, without notice and for any reason.
4. The App requires iOS 14.0 or later for an Apple device and Android 10 or later for an Android device.
5. If you download or stream the App onto any phone or device that is not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or the device.
Changes and improvements to the App From time to time, we may automatically update the App and make changes or improvements to it in order to improve performance, enhance functionality, reflect changes to the operating system or address security issues (without any notice to you). Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App, or any associated services.
Fee(s)
1. There are currently no fees payable by you for using the App. However, we reserve the right to implement fees for the use of certain services in the App from time to time.
2. We are not responsible for any fees charged by any third-party website or any application that is not owned or operated by us, or part of the App, and we shall not be liable towards you for any fees incurred as a result of using or accessing or making purchases from any such third-party website or application.
Outpatient and teleconsultation appointments and health screenings
1. We may provide a platform to enable you make and change your outpatient appointments, teleconsultation appointments and health screenings at various M42 health care facilities.
2. To enable this service, you may be required to login to the App and submit your appointment requests or details. You may be required to submit your personal contact details to facilitate the visits, or any other services offered in the App.
3. We do not guarantee appointments made through the App and there is a possibility that the appointments made through the App may not be registered in the relevant clinics or are not available at the date(s) and time(s) chosen. In that even, we are not liable to you, the outpatient clinics, teleconsultation clinics or health screening clinics for any loss, expense or claim for any missed or unavailable appointments.
4. To confirm any outpatient clinic appointments, health screening appointments or teleconsultation appointments through the App, you are advised to contact the relevant M42 health facilities directly.
Ordering Medication
1. We may provide you with a platform to enable you to order medication through the App. This service is applicable for partially collected prescriptions (i.e., prescriptions under which collection of medications has been made previously but there are still medications outstanding) and is not available for the following medications: (i) controlled drugs; (ii) laboratory drugs; (iii) exemption drugs (not approved by the UAE Health authorities); (iv) pharmacy-only medications.
2. To enable this service, you may be required to upload certain additional information as it may be applicable.
3. We do not guarantee that medicines ordered through the App will be available or received and processed. If any medicine is not available, you may be contacted by a third-party service provider or any relevant M42 healthcare facility. We will not be liable for any monetary loss, expense, claim with respect to the unavailability of any medicine or any missed orders.
4. To verify that any medication ordered through the App is available or has been or will be processed, you are advised to contact by a third-party service provider or any relevant M42 healthcare facility.
5. You should ensure you have sufficient medication supplies, considering the processing time.
6. To protect the hygiene and safety of our medicine sold, the purchase of any medicine is non-refundable and non-exchangeable.
Intellectual Property Rights All intellectual property rights in the App, the services accessible or provided on the App, including but not limited to, patents, trademarks, service marks, registered designs, applications for any of those rights, trade and business names, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions (the ‘’Intellectual Property Rights’’) throughout the world belong to us and the Intellectual Property Rights are licensed to you on a revocable, non-exclusive, non-transferable basis for the sole use of the App, and the services accessible or provided on the App.
Compliance with laws and appropriate use of the App By using this App, you agree and are required:
1. to comply with the Terms and all applicable laws and regulations;
2. not to access any information or data concerning another person without his/her permission;
3. not to use the App for any unlawful purpose, in any unlawful manner, or any for fraudulent or malicious act;
4. not to infringe our Intellectual Property Rights or those of third party;
5. not to use the App in a way that could damage, disable, overburden, disrupt, impair, or compromise our systems, databases, servers or security or to send or upload any data that contains viruses, worms, Trojan horses, spyware or any other harmful programs that could adversely affect the operation of computer software, hardware or systems;
6. not to submit, publish, transit, post or upload any material that is misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, indecent, or otherwise objectionable to the general public;
7. not to obtain any unauthorised access, via whatever means, to any user accounts or any of our or third-party systems;
8. not to copy or duplicate the App, except where copying is incidental to normal use; or
9. not to rent, sub-license, loan, translate, merge, adapt, vary or modify the App.
Links to Third Party Site The App may contain links to other websites which are not provided by us. Such sites are not under our control, and we are not responsible for and have not checked and approved the content or their privacy policies (if any). The inclusion of such links to other websites does not imply any endorsement of the material on such websites. We do not operate, control or endorse any information, product, or services provided by third parties. Use of their sites is solely at your own risk. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements (as applicable) of other websites.
Security
1. We shall endeavour to use available technology to protect your security of communications made through the App. However, we do not accept any liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the App.
2. You acknowledge that internet may be susceptible to interference or interceptions by third parties, and that we make no warranties that the App will be free of infection by computer viruses or other unauthorised software.
3. You are responsible for taking appropriate steps to keep your information, software and equipment secure, including clearing the internet browser’s cache after any feature, services, tools directions or content on the App.
No Warranties The App, all associated services and any other sites operated by us, and the content contained on them are all provided on an ‘’as is’’ and ‘’as available’’ basis, and we make no representations or warranties of any kind express or implied as to the operation of them or any content, products or services included on them. To the fullest extent permissible by law, we disclaim all warranties, express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and/or infringement.
Limitation of Liability
1. Some of the materials on the App may be provided by third parties and we disclaim any responsibility for, or any liability related to such material. Any questions complaints or claims related to third party material should be directed to the appropriate third party.
2. To the extent permitted by law, we will not be liable for any direct, indirect, consequential, incidental or special loss or damage whether in contract or tort, breach of statutory duty, claims, losses or damages that may incur as a result of, or in connection with: (i) your use of, or inability to use the App, or associated services or any content thereof in any way, including, but not limited to, loss of data, loss of profits or anticipated savings; (ii) any inaccuracy, incompleteness in, or errors or omissions in the information on the App or any associated services, (iii) any delay in the operation or transmission, communications failure, internet access difficulties or malfunctions in equipment or software; (iv) the conduct or the views of any person who accesses or uses the App; or (v) any External Data. Your sole and exclusive remedy in connection with your use or inability to use the App is to stop using the App.
3. We will also not be liable for any loss, damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other material due to your use of the App, or associated services or to your downloading of any materials or websites linked to them.
Indemnity
1. 16.1. You agree to indemnify us and hold us indemnified and our directors, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claim arising out of: (i) your breach of these Terms; (ii) your use of the App; (iii) your access, use or amendment of any External Data; (iv) any user contributed information provided by you; (v) any claims made by third parties, or legal action taken by third parties against us, or our affiliates, directors, officers, agents, employees or contractors and resulting from your breach of the Terms; or (vi) any action taken by us as part of our investigation of a suspected breach of these Terms, or as a result of a finding or decision that a breach of these Terms has occurred.
Waiver
1. 17.1. If we fail to insist that you perform your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean we will automatically waive any later default by you.
Variation of Terms
1. We may revise these Terms at any time by updating this page. We will notify you of any change by sending you an SMS with details of the change or notifying you of a change in the App.
2. If you do not accept the notified changes you may continue to use the App and in accordance with the existing terms, but certain new features may not be available to you.
Transfer We may transfer your rights and obligations under these Terms to another party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
Governing law and jurisdiction The use of the App shall be governed by, and construed in accordance with, the laws of the United Arab Emirates as applicable in the Emirate of Abu Dhabi and you expressly agree that the courts of the Emirate of Abu Dhabi have exclusive jurisdiction of any dispute arising in relation to these Terms and your use of the App or the associated services.
Questions If you have any questions about the Terms or the Privacy Policy, please contact us appsupport@m42.ae and we will get back to you as soon as possible.