Introduction

Hi, we're Nabta Health Ltd and welcome to our Terms & Conditions of Use. This page sets out how we handle personal information and applies to all aspects of Nabta's platform, including Nabta Fertility, Nabta Pregnancy and Nabta Baby apps.

Terms & Conditions

1.     Introduction

1.1      These terms and conditions shall govern your use of our website.

1.2      By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3      If you register with and/or use our website we will ask you to expressly agree to these terms and conditions.

1.4      Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2.     Copyright notice

2.1      Copyright (c) 2017 Nabta Health

2.2      Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.     Licence to use website

3.1      You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use any other functionality on the Nabta Health platform by means of a web browser subject to the other provisions of these terms and conditions.

3.2      You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.3      Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4      Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.5      Notwithstanding Section 4.5, you may redistribute our blog.

3.6      We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.     Acceptable use

4.1      You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

4.2      You must not use data collected from our website to contact individuals, companies or other persons or entities outside the discussion forums.

4.3      You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.     Registration and accounts

5.1      You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.2      You must not allow any other person to use your account to access the website.

5.3      You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4      You must not use any other person's account to access the website.

6.     User login details

6.1      If you register for an account with our website, you will be asked to provide your e-mail address and a password.

6.2      You must not use your account or account details for or in connection with the impersonation of any person.

6.3      You must keep your password confidential.

6.4      You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5      You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7.     Cancellation and suspension of account

7.1      We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details, at any time in our sole discretion without notice or explanation.

7.2      You may cancel your account on our website at any point in time.

8.     Your content: licence

8.1      In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on this website and any successor website.

8.3      You grant to us the right to sub-license the rights licensed under Section 9.2.

8.4      You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

8.5      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6      You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7      Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9.     Your content and commentary

9.1    You warrant and represent that your content will comply with these terms and conditions.

9.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)    depict violence

(m)    be pornographic;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

10.     Limited warranties

10.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

10.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.     Limitations and exclusions of liability

11.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

11.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.     Breaches of these terms and conditions

12.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

12.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13.     Variation

13.1    We may revise these terms and conditions from time to time.

13.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14.     Assignment

14.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15.     Severability

15.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.     Third party rights

16.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17.     Entire agreement

17.1    Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18.     Law and jurisdiction

18.1    These terms and conditions shall be governed by and construed in accordance with English law.

18.2    Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

19.     Statutory and regulatory disclosures

19.1    We are registered in the British Virgin Islands as a Private Company Limited by Shares;

20.     Our details

20.1    This website is owned and operated by Nabta Health Ltd

20.2    Our principal place of business is at: Sahab Tower Floor 18, Kuwait City, Kuwait

20.3    You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.

21.     Credit

21.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

Privacy Policy

1.    What is this Privacy Policy for?

1.1   This privacy policy is for this website www.nabtahealth.com and served by Nabta Health and governs the privacy of its users who choose to use it.

1.2   The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

1.3   Nabta Health may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st August 2017.

2.     What we collect

2.1   In operating our website, we may collect and process the following data about you:

(a)   Details of your visits to our website and the resources that you access including, but not limited to, traffic data, location data, weblog statistics and other communication data.

(b)   Information that you provide by filling in forms on our Website, such as when you sign up as a registered user and add information to your account. This may include but is not limited to:

(c)   All health data submitted, including fertility logs and progress against pregnancy and baby milestones.

(d)   Any images you provide of yourself or your husband;

(e)   Any description you provide of yourself or your husband;

(f)   Your location;

(g)   Job title;

(h)   Your contact information including email address;

(i)   Your name or your husband’s name;

(j)   Information provided to us when you communicate with us for any reason

3.    Use of your information

3.1   The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

(a)   Internal record keeping;

(b)   To improve our website and app services;

(c)   To notify you about any changes to our website or mobile apps, such as improvements or service/product changes that may affect our service;

(d)   To periodically send promotional emails about new products, services or other information which we think you may find interesting using the email address which you have provided if you have given consent for this when the contact information was collected.

4.    Controlling your personal information

4.1   You may choose to restrict the collection or use of your personal information in the following ways:

(a)   Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by us to send you any promotional material;

(b)   If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at yalla@nabtahealth.com.

4.2   We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

5.    Security

5.1   We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. This website complies to all UK national and GCC laws and requirements for user privacy.

6.    How we use cookies

6.1   A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

6.2   We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

6.3   Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

6.4   You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

7.    Links to other websites

7.1   Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

8.    Access to Information

8.1   The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.

9.    Contacting us

9.1   We welcome any queries, comments or requests you may have regarding this policy please do not hesitate to contact us at yalla@nabtahealth.com.