TERMS OF SERVICE

Terms and Conditions

1. Acceptance of Terms and Conditions

1.1 These Terms and Conditions ("Terms") governs your access or use of the applications, websites, content, products, and services made available in the State of Kuwait by CareGeneral Trading Company W.L.L ("Care”).

1.2 By accessing or using the Services, you confirm your agreement to be bound by the Terms. If you do not agree to the Terms, you may not access or use the Services. The Terms expressly supersede prior agreements or arrangements made with you (if any). Care may immediately terminate these Terms or any Services with you, or generally cease offering or deny access to the Services or any portion thereof.

1.3 BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OR EFFECT THEREOF.

1.4 Care may amend the Terms from time to time. Amendments will be effective upon Care’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Care changes the Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Care written notice of such rejection within thirty (30) days of the date such change became effective. This written notice must be provided by email, from the email address associated with your Account to: info@getcare.me In order to be effective, the notice must include your full name and clearly indicate your intent to reject such changes to the Terms.

1.5 Supplemental terms may apply to certain Services, such as policies for a particular event, program, activities or promotions. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

2. Defined Terms 

2.1. “Care” means the Care application, website, or any other platform where Care offers its Services.

2.2. “Intellectual Property” means all intellectual property, industrial property, and other intangible rights including without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the applicable intellectual property or industrial property legislations of any country.

2.3. “Partner(s)” means any pharmacy, institution, individual, company or otherwise offering its services through Care.

2.4. “Platform” means Care’s application or website which serves as a platform for offering its Services.

2.5. “Services” means the services offered through Care including connecting you with our available Partners as displayed on the Platform to (i) communicate your orders; (ii) be informed of the latest news and updates regarding the Services offered by Care and our Partners.

2.6. “Third-Party Providers” means our Partners, delivery services’ providers, and/or any third-party that provides any of the Services under these Terms through Care.

2.7. “You” or “Your”, as used herein, shall mean the individual or entity that Care has explicitly granted the limited, non-exclusive, and non-transferable right in accordance with these Terms to use the Services.

3. Our Services

3.1. Care offers its Services through its designated Platform which allows you (the “Users”) to seamlessly order products from our selected Partners, as well as the delivery (where applicable) of the same through Third-Party Providers. Care serves as a mediator that connects the Users to the Partners.

3.2. Each Partner has a defined and prescribed delivery area, which may change at any time due to various reasons including, Users demand. Each Partner shall decide theirown operating hours and availability to accept any new orders. That means that the availability of the products, and the range of Partners from which you can order the products from depends on the Partners or such Third-Party Providerthemselves.

3.3. Unless otherwise agreed by Care in a separate written agreement with you, the Services are made available solely for your personal use.

 3.4. Care may modify or discontinue offering some or all of the Services or features at any time, for any reason, without notice, and without liability to you or any other party.

4. Use of Platform and Services

4.1. Care grants you a limited, non-exclusive, and non-transferable right to use the Platform in accordance with these Terms such that the use shall not violate any provision in these Terms. You must have a valid account (“Account”)for the duration of your right to use the Platform and Services offered therein. A valid Account may only be created and maintained by you upon agreeing to these Terms and providing accurate and complete personal information in the sign up process. To maintain a valid Account, you must keep your personal information updated, regularly assure the accuracy of such information, and maintain and strictly comply with these Terms.

4.2. In exchange for the limited, non-exclusive, and non-transferable right to use the Platform, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept complete responsibility for all activities that occur in connection with your Account and password.

4.3. In relation to the Platform, you may not: (1) remove any copyright, trademark or other proprietary notices from any portion; (2) copy, reprint, store, transfer, quote or alter any published contents; (3) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any of Care’s Intellectual Property without the express written consent of Care; (4) decompile, reverse engineer or disassemble the Platform (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (6) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.

4.4. Neither these Terms nor your use of the Services convey or grant you any rights: (i) to the Platform or Services except for the limited license granted above; or (ii) to use or reference in any manner Care's company names, logos, product names, trademarks or services marks.

5. Third-Party Content

 The Products may be made available or accessed in connection with third-party products and content (including advertising) that Care does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services (e.g. Partners). Care does not endorse such third-party services and in no event shall Care be responsible or liable for any products, services, or delays of such third-party providers. Additionally, Apple Inc., or Google Inc. may be a third-party beneficiary to this contract if you access the Platform through Apple iOS, or Android. These third-party beneficiaries are not parties to this contract and are not responsible for the provisions or support of the Services in any manner.

6. Privacy.

Care has developed and adopted a Privacy Policy that clearly identifies how Personal Information is collected and used. This Privacy Policy may be updated by Care from time to time and at any time without notice to you.

7. Intellectual Property

Care is protected by applicable law Intellectual Property rights. In this respect, all content on the Platform, including, but not limited to data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Platform are owned by Care. This Platform content may not be used in connection with any product or service that is not owned by Care, used in any manner that is likely to cause confusion by consumers, or used in any manner that disparages, denigrates, or otherwise damages or injures the good reputation of Care.

8. Representations and Warranties8.1. You represent and warrant that you shall not assign, grant, grant a security interest in, or transfer Care to any third party and that you shall not directly or indirectly enable any third party to use Care. You represent and warrant that you shall not copy, create a derivative work, decompile, disassemble, modify, reverse engineer, store, display software code in human readable form, attempt to discover any source code, or otherwise use the Platform except as explicitly provided for in these Terms.

8.2. You represent and warrant that you shall not use the Platform in connection with any automated device, and that the Platform shall only be used through a personal computer, tablet, or mobile device under your manual control.

8.3. Care represents and warrants that it has the exclusive and unchallenged title, right, power, interest, and authority to offer its Platform and to grant the limited, non-exclusive, and non-transferable rights herein. Care further represents and warrants that the Platform is free from any intentionally created security threat.

9. Disclaimer of Warranties; Limitations of Liability; and Indemnification.

9.1. To the fullest extent permissible by applicable law, Caredisclaims any and all responsibility or liability for the accuracy, availability, content, completeness, legality, operability, or reliability of any data, information, or material in connection with the Platform. The Platform is provided on an “as is” and “as available” basis. You understand and agree that you access, download, or otherwise obtain data, information, and materials from the Platform at your own discretion and risk and that you will be solely responsible for any damage to your personal device (or any software or hardware thereof) or any loss of data or information in connection with the Platform.

9.2. You shall completely indemnify and hold Care harmless from and against all actions, claims, damages, demands, liabilities, losses, and suits including, but not limited to, reasonable attorneys' fees and costs from any and all actions, claims, damages, demands, liabilities, losses, and suits asserted against Care that may arise or result, directly or indirectly, from your use of the Platform or violation of these Terms. In the event that a court of competent jurisdiction finds that you violated any of these Terms, including the Representations and Warranties made herein, you shall, at Care’s sole discretion, promptly indemnify Care for any costs, expenses, or losses, including adequate compensation for any loss of business suffered by Care, associated with the violation of these Terms.

9.3. Under no circumstance shall Care be liable to you or to any third party for any damages of any kind, including, but not limited to the recovery of lost profits, or direct, indirect, incidental, punitive, special, exemplary, or consequential damages. This provision shall apply to prevent liability of Care for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages whether such action, claim, or suit is based on contract, negligence, tort, warranty, or otherwise (even if Care has been advised of the possibility of such damages). Such limitation of liability shall apply whether or not the damages arise, directly or indirectly from the use or misuse of, or reliance upon, the Platform; from the inability to use the Platform, including mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; or from the interruption, suspension, or termination of the Platform. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

9.4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER KUWAITI LAW.

10. Text Messaging and Telephone CallsYou agree that Care, its Partners or Third-Party Providers may contact you by telephone or text messages at any of the phone numbers provided upon creating the Account.

11. Network Access and DeviceYou are responsible for obtaining the data network access necessary to use the Platform and obtain the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. Caredoes not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices.

12. Payment

.12.1. You understand that use of the Services will result in charges on you for the services or goods you receive (“Charges”). Charges are clearly marked in Kuwaiti dinars. Payment must be made by debit or credit card. Users are obligated to pay the Charges in full (100%), otherwise Careretains the right to withhold handing over or consummating any Services.

12.2. All Charges and payments will be enabled by Care using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Care may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Care.

12.3. As between you and Care, Care reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time at Care’s sole discretion. Care may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services.

13. Miscellaneous Provisions

13.1. You agree that Care may communicate with you electronically. Such electronic communications may consist of email or other notices on the Platform. You agree that all agreements, notices, disclosures, and other communications Care sends to you electronically will satisfy any requirement that such communication be in writing.

13.2. Any material or data that you insert in the Platform will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13.3. You may not assign these Terms without Care’s prior written approval. Care may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Care’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Care or any Third-Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under Kuwaiti law.

13.4. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Kuwait and subject to the exclusive jurisdiction of Kuwaiti courts.