Dawai is an online provider of information services on prescription drugs, medicine, natural products and other health related information for educational purpose in Lebanon (“Services”).
Dawai is not an online pharmacy or a healthcare professional. The contents of Dawai (“Content”) are only informational including but not limited regarding the uses, side effects and potential interactions of medications with other medicines and/or foods.
Dawai mobile application (“App”) and website located at www.dawaiapp.com (“Site”) (each and together “Dawai”) are held and managed by Dawai sal (“Company”) a Lebanese joint stock company registered before the Baabda commercial registry under number with a capital of 30.000.000 LBP and its address at Furn El Chebbak/Tahwita
The Company and Dawai are managed and operated by and/under the supervision of a Lebanese qualified and licensed pharmacist, Mr. Nassim Midani.
Dawai Services and Content are meant specifically for the Lebanese territory in consideration of locally prescribed and traded medications as well as applicable authorizations and indications of the Lebanese Ministry of Public Health (“MOPH”). If you are not in Lebanon, the information contained in Dawai may differ from what is authorized and/or applicable in your territory- your use of Dawai is made at your own risk and liability.
This Agreement constitutes the entire and only agreement between us and You, superseding all other agreements, representations, warranties and understandings with respect to the App and/or Site and/or the content, products or services provided by or through the App and/or Site.
This Agreement may be amended at any time from time to time by us. The latest Agreement will be posted on the App and/or Site without necessary specific notice to you, and You should review this Agreement prior to using the App and/or Site. By accessing Dawai, You agree to be bound by the terms of the latest Agreement posted.
2. Right of Use
a) Access and use of Dawai requires the registration or the creation of a User account with Dawai along with a password. All registration information you submit must be accurate and updated.
b) We reserve the right to immediately terminate or restrict your account or your use of Dawai at any time, without notice or liability, if Dawai determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, or engaged in other inappropriate conduct.
c) You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Dawai password or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Dawai account and password; (3) log out every time you use the App and/or Website and (4) promptly inform Dawai if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
You grant Dawai and all other persons or entities involved in its management the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and/or App. Dawai cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Dawai tools and services.
d) You may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
e) Access to Dawai is permitted on a temporary basis, and we reserve the right to withdraw discontinue or amend the services we provide without notice. We will not be liable if for any reason Dawai is unavailable at any time or for any period.
g) You are responsible for using compatible equipment and for any internet, communication or other costs you may incur to access Dawai.
i) You may only cancel a contract to use the App to the extent permitted by the relevant App Stores’ terms and conditions.
j) We give no warranty for the quality or reliability of the services provided by any App Store.
k) We shall not be liable to you for any loss of connection to the internet from your mobile device or malfunction or failure of your mobile device, which prevents you accessing the App.
l) By using Dawai, You confirm that You are of legal age in Lebanon ie over 18 years. If You have agreed to allow Your minor child, or a child for whom You are legal guardian ("Minor"), to use Dawai, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.
3. Intellectual Property
a) You acknowledge that all Intellectual Property relating to Dawai belongs to us or our licensors or Content providers, that rights in the Intellectual Property are licensed for use not ownership to you, and that you have no rights in, or to, the Intellectual Property other than the right to use the Intellectual Property in accordance with these Terms.
b) The Intellectual Property shall remain our property, but in consideration of you agreeing to abide by the terms of these Terms, we shall grant you a non-assignable, non-transferable, non-exclusive and revocable license to use the Intellectual Property for the sole purpose of using the Services as permitted by these Terms and any App Store rules. Any copying, re-utilization, extraction, reproduction or redistribution of the content of the Intellectual Property is expressly prohibited, and this shall include but not be limited to copying or reproduction of the content of the Intellectual Property to any other server or location for further reproduction or redistribution.
c) You may download a copy of the App onto your device to view, use and display the App on the device to access the Services for your personal and non-commercial purposes only. You are not permitted or licensed to use the App or the Services for any other purpose and nothing in these Terms shall be deemed to grant you any right, title or interest in the App or the Services.
d) You have no right, and shall not permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify or reproduce the App or the Services in any way without obtaining our express prior written consent in each instance or to the extent required by law.
e) You may use our logo, content and Trademarks, as part of the App use, acknowledging that this use is under license from us, and that your use will not cause any confusion as to their ownership.
f) Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Intellectual Property, our Site, the App and the material published on it.
g) Dawai is a registered trademark of Dawai sal. Other product, company names, and content displayed on the App and/or Site may be the trademarks or copyrights of their respective owners.
h) Should You wish to reference articles from Dawai, you must kindly credit Dawai and insert hyperlink to the source.
a) You agree to only post or upload media on Dawai that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
b) All yours posts, uploads and/or submissions on our message/notice board and/or communications with our live messaging with a Dawai pharmacist on call ("Submissions"), shall be deemed, and shall remain, the property of Dawai who shall be entitled to unrestricted to the anonymized and aggregate use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
c) To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
d) You acknowledge that the personalized information provided to You by Dawai regarding the uses, side effects and potential interactions of medications with other medicines and/or foods are based on the data you provide such as but not limited to your medical history, prescriptions, allergies, diseases, as submitted by you on the App and/or Site. You therefore acknowledge that you are liable for the accuracy and completeness of such personal information submission, and that the personalized information provided by Dawai is consequential on the same. Notwithstanding, You must always follow your doctor’s prescriptions and seek the advice of a professional for questions related to any specific case.
e) To the extent that the Submissions contain confidential medical information, Dawai will treat the Submissions as confidential material. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any unlawful information.
f) You understand that Dawai may use your aggregate anonymized submissions for statistical purposes.
You agree to defend, indemnify and hold harmless Dawai, its affiliates and their respective directors, officers, employees and agents ("Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of or accruing from: (a) any misrepresentation made by You in connection with Your use of Dawai; (b) any non-compliance by You with the terms and conditions of this Agreement; and (c) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of Dawai.
7. Third-Party Advertisement
The inclusion of third-party advertisements on Dawai does not imply any recommendation, approval, or endorsement by Dawai of the quality of the goods/services being advertised.
All pharmaceutical related advertisement on Dawai are clearly recognizable through banners or other. The advertiser, excluding Dawai, is solely responsible for the accuracy and objectivity of their postings. In compliance with Lebanese law, Dawai does not advertise for or serve as an advertisement platform for prescription medications.
Where our Site or App contain links to other sites, apps, products, services and resources provided by third parties, these links are provided for your information only and without any liability or warranty on our part. We have no control over the contents of those sites or resources or services or products, or how they handle any links we provide to them, and we accept no responsibility for them, their legality or for any loss or damage that may arise from your use of them.
8. Links and Communication with Third Parties
a) Where our Site or App contain links to other sites, apps, products, services and resources provided by third parties, these links are provided for your information only and without any liability or warranty on our part. We have no control over the contents of those sites or resources or services or products, or how they handle any links we provide to them, and we accept no responsibility for them, their legality or for any loss or damage that may arise from your use of them.
b) Where our App or Site may contain a feature allowing to communicate a report on your drugs use to your health professional, the communication will be made via email through the internet network which may be insecure. Dawai will endeavor to secure the communication however cannot give any warranty for and cannot be held responsible for any loss or damage that may arise from the same.
9. Applicable Law and Dispute Resolution
These Terms are governed by, and construed in accordance with, the laws of Lebanon without giving effect to principles of conflicts of law. In the event of any dispute arising out of or in connection with the Terms, the matter is to be submitted to settlement proceedings under the Lebanese Mediation Center (LMC) of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon (CCIA-BML) Mediation Procedure. The mediator will be appointed by the LMC. If the dispute has not been settled within 45 days following the filing of a request for mediation, such dispute shall be finally settled under the Rules of Arbitration of the Lebanese Arbitration Center of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon (CCIA-BML) by one arbitrator appointed in accordance with the said Rules of Arbitration. Arbitration will be conducted in English in Beirut.
10. Disclaimer and Limits
a) Dawai may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Dawai may also make improvements and/or changes in the products and/or services described in this information at any time without notice
b) Dawai is designed to offer You general health information for general educational purposes only. The health information furnished, the interactive responses and the personalized information are not intended to be professional advice and are not intended to replace personal consultation with a qualified healthcare professional. You must always seek the advice of a professional for questions related to any specific case. If You have or suspect that You have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something You have read on this site.
We do not give medical advice, nor do we provide medical services.
c) Dawai drugs information database is compiled from and powered by trusted Lebanese and international resources including Drugbank API (https://www.drugbankplus.com), the US Food and Drugs Administration OpenFDA (https://open.fda.gov/) and the Lebanese MOPH Drugs Database (https://www.moph.gov.lb).
The information from or through Dawai is provided “as is”, “as available”. Dawai and content providers make no warranty or representation, express or implicit, as to the accuracy, suitability, completes of the data from which information is compiled or the information itsef.
d) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
e) You may not use Dawai for any illegal or unauthorized purpose nor may you, in the use of Dawai, violate any laws in your jurisdiction.
f) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Force Majeure. Force Majeure means any act or event beyond our reasonable control, including without limitation accident to or breakdown of delivery vehicle, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
a) We may transfer our rights and obligations under an agreement or another organization, but this will not affect your rights or our obligations under these Terms.
b) You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
c) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
d) 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 that we will automatically waive any later default by you.
“App Store” means the app store operated and owned by Apple Inc or by Google Play or any other store for selling apps and protected by trademarks;
“Intellectual Property” means all intellectual property rights in our Site, the Services, our trademarks, our content,
“Mobile Device” means a mobile phone or other mobile communication device which is compatible with the App.