Terms

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on DAT ESSAWARY Services is owned, controlled or licensed by or to DAT ESSAWARY, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of DAT ESSAWARY Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without DAT ESSAWARY’s express prior written consent. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Placing an Order:

In order to use the Services, you must provide certain personal and medical information about yourself or those for whom you are authorized to present prescriptions (the “Patient”). You may voluntarily submit, and hereby authorize DAT ESSAWARY, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about the Patient, in order to provide the Services to you, in accordance with our Privacy policy, including, without limitation, the Patient’s name, age, gender, mobile number, email address, delivery address, image of the prescription and other information you provide through the App that is either requested by DAT ESSAWARY or volunteered by you (“Personal Information”). Please review the Privacy policy carefully, as your use of the App constitutes your agreement to the Privacy policy.

Authorization to Contact You:

You agree to be contacted by the Licensed Pharmacies or by DAT ESSAWARY at the mobile telephone number you provide for the purpose of confirming your prescription and scheduling the delivery of your prescribed medication. By using the Services, you agree to receive email, and/or SMS (text) message notifications containing Personal Information on your mobile device via an unsecure channel. This is your personal choice, and we encourage you to protect this information carefully. No Pharmacy-Patient or Doctor-Patient Relationship; No medical or pharmacy advice: NO PHARMACY-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND DAT ESSAWARY BY USING THE SERVICES INCLUDING ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU PROCESS YOUR PRESCRIPTION. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY PHARMACY DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. We have no control over, and cannot guarantee the availability of any pharmacy at any particular time. We will not be liable for canceled or otherwise unfulfilled orders or any injury resulting therefrom, or for any other injury resulting from the use of the App or Services whatsoever or taking medication. You acknowledge that although you may send a digital image of a prescription via the App, DAT ESSAWARY only routes your prescription to a Licensed Pharmacy. Sending your prescription to a Licensed Pharmacy does not create a pharmacy-patient relationship between you and DAT ESSAWARY and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with filling a medical prescription from a Licensed Pharmacy.

No Endorsement:

DAT ESSAWARY DOES NOT ENDORSE OR RECOMMEND ANY PHARMACY, HEALTHCARE PROVIDER, OR PRESCRIPTION DRUG. DAT ESSAWARY DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ANY INFORMATION PROVIDED TO YOU BY ANY THIRD PARTY. YOU ACKNOWLEDGE THAT IN NO EVENT SHALL DAT ESSAWARY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANY OTHER PARTY IN RELIANCE ON ANY SUCH INFORMATION.

Unavailability:

We may alter, suspend, or discontinue our Platform or Services in whole or in part, at any time and for any reason, with or without notice. In addition, one or more features of the Platform or Services may be temporarily unavailable from time to time for maintenance or some other purpose. We may, in our sole discretion, terminate or suspend a User’s access to our Platform or ability to use our Services, in whole or in part, at any time for any reason, with or without notice, including but not limited to a breach or suspected breach of this Agreement or a violation or suspected violation of law by the User. If DAT ESSAWARY notifies a User that the User’s access to our Platform or ability to use our Services is terminated or suspended, such User shall immediately cease and desist from all such access or use.

Limitations of Liability:

IN NO EVENT WILL DAT ESSAWARY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE DAT ESSAWARY DIGITAL SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DAT ESSAWARY DIGITAL SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON DAT ESSAWARY DIGITAL SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DAT ESSAWARY DIGITAL SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DAT ESSAWARY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU. If, notwithstanding the other provisions of these Terms of Use, DAT ESSAWARY is found to be liable to you, any liability on the part of DAT ESSAWARY will not exceed the fees paid by the user for the particular information or service provided. DAT ESSAWARY is not liable for the unauthorized use of our Content by any other web sites.

Eligibility:

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the App and the Services. If you are under the age of 18, you may not use the App or Services. Using the Services is void where prohibited by applicable law, and the right to access the App is revoked in such jurisdictions. By using the App and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The App is administered in Libya and intended for Libya’s users; any use outside of Libya. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the App. A parent or guardian may use this service to manage prescriptions for a minor until that minor turns 18. You, as a parent or guardian, are solely responsible for providing supervision of the minor’s use of the service. You assume full responsibility for ensuring that the Personal Information is kept secure and that the information submitted is accurate. When the minor turns 18, we are required to remove them from the service. At that time, the user, now 18, can re-register with the service independently.

Disclaimer of Warranties:

WE PROVIDE THE APP AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE APP, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICES PROVIDED BY ANY LICENSED PHARMACY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DAT ESSAWARY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE APP OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. DAT ESSAWARY DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR APP ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

Indemnification:

You agree to indemnify and hold DAT ESSAWARY, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DAT ESSAWARY by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Digital Experience.

Release:

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over the services provided by the Licensed Pharmacies to you. If you have a dispute with any Licensed Pharmacy, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Termination:

We may terminate and/or suspend your user account immediately, without notice, if there has been a violation of these Terms of Use by you or by someone using the App from your mobile device. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. DAT ESSAWARY shall not be liable to you or any third party for any termination of your access to the App and/or the Services.