TERMS & CONDITIONS

1. Introduction

Welcome to Hortman Clinics. Hortman Clinics is a medical facility that provides a range of medical procedures within a variety of different medical sectors ranging from General Practice to Aesthetic and Dermatology procedures. It offers Customers a wide range of medical procedures, services and products which can be accessed directly at the facility and the information for the same can be accessed using Hortman Clinic’s Website https://hortmanclinics.com (hereinafter “Website”). These terms and conditions (hereinafter “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and Apps. In these Terms “we”, “us”, “our” or “Hortman” refers to Hortman Clinics LLC, a company holding trade license number 950517 and “you” “your”, “User(s)” shall refer to you as the Website User, regardless of whether you are browsing the Website or accessing the Website for any other use. Any information, text, documents, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you view on, or have access to, or otherwise interact with through the Website shall be referred to as “Content”. The Content that you upload, contribute, submit, transmit and/or post to or through the Website, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit”.

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. It is therefore solely your responsibility to ensure that you have read and understood these Terms prior to using the Website. If you do not agree to these Terms, you must not use our Website. Upon accessing the Services, including any version of the Website, that have been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our privacy policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy carefully prior to use of the Website, addressing any questions or comments to us directly using the contact information provided on the Website. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website, unless otherwise provided by Hortman in writing.

2. Definitions

The definitions and rules of interpretation in this clause shall apply throughout these Terms:
“Applicable Laws” means the relevant commercial, licensing and/or digital laws of the UAE and any country or region from where you are accessing the Website;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Website;
“Child” has meaning given to it under Clause 10.17;
“Description” has meaning given to it under Clause 3.7;
“External Sites” has meaning given to it under Clause 3.9;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how and other intellectual property; and (v) computer systems and applications software including all documentation and modifications thereof.
“Policies” means any terms, conditions, and policies (separate from these Terms) made available on the Website;
“User(s)” means collectively any individual accessing and using the Website;
“Website” means the website https://hortmanclinics.com owned by Hortman to provide Services to the User.

3. General Conditions

3.1 We reserve the right to amend these Terms at any time without prior notice and your continued use of the Website following the amendments represents your express consent and agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.

3.2 We may, from time to time, decide to change, update or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain Your Content or other information you provide, except to the extent required by any/all Applicable Laws.

3.3 The Website may include advertisements with external links on third-party websites (hereinafter “External Sites”). We do not investigate, review, endorse, represent or control the content of any External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise and you are responsible for reviewing the External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk.

3.4 We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service advertised on the Website.

3.5 Some Content you see or otherwise access on or through the Website is used for commercial purposes only. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise, in close proximity to Your Content for commercial purposes.

3.6 In the event of any breach or violation of any terms hereunder, Hortman reserves the right to pursue legal remedies available under the Applicable Laws and regulations.

4. Prohibited Activities

4.1 You must not use the Website in any way that causes, or may cause, damage to the Website and/or Apps or impairs the accessibility of it; or in anyway, which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4.2 You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or any other malicious computer software.

4.3 Users agree that they shall not engage in any of the following activities in connection with your use of the Website:

i. post information on the Website that is obscene, defamatory, threatening or malicious in nature or any other material that is prohibited by law;
ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless legal right(s) to use and post such material has been obtained and is valid at the time of posting;
iii. alter, amend or modify any Content published on the Website;
iv. infringe or use Hortman’s brand, logo(s) and/or trademark(s) in any business name, electronic mail, URL or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
v. attempt to circumvent any protective technological measures associated with the Website;
vi. attempt to access or search the Website or any Content contained therein through the unlawful use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
vii. post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
viii. impersonate or misrepresent your affiliation with another person or entity;
ix. interfere with or disrupt any of the associated computer or technical delivery systems;
x. interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
xi. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, obtained from or through the Website: and
xii. use any Content on the Website in any manner not permitted by these Terms.

4.4 We may do any or all of the following without notice:

i. record or pre-screen submissions to public areas within the Website;
ii. investigate your use of the Website as we deem appropriate to comply with any Applicable Laws, regulation, government request or legal process; and
iii. edit the Website and any Content without notice.

5. Content

5.1 Ownership of Hortman’s Content and Intellectual Property Rights

i. Subject to the express provisions of these Terms, we own, control, license, and reserve all the Intellectual Property rights and the Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or Content. You must not use any part of the Content on our Website for commercial purposes without obtaining license to do so from us or our licensors;
ii. All Content posted on the Website or submitted by the Users to Hortman and/or submitted by Hortman personnel themselves are protected by the relevant copyright laws. We authorize you to view or download a single copy of the material on the Website solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2021, Hortman Clinics All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms by reference;
iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Hortman. All rights not expressly granted herein are reserved to Hortman and its licensors.

5.2 Your License to Hortman’s Content

i. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.

5.3 Hortman’s License to User Content

i. Upon submission of Your Content, you hereby grant Hortman a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use;
ii. For the avoidance of doubt, “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works of the Content, or, allowing, or not prohibiting, your representatives, affiliates, customers and others to do the same;
iii. You grant us the right to use the name that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us;
iv. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of Applicable Laws, we are not obligated to return any of Your Content to you under any circumstances.

6. Communication Guidelines

6.1 The Website are only to be used for its intended purpose. You may not use the Content provided through the Website and in any manner or for any purpose other than that which is expected (i.e., to buy and sell permitted Products).

6.2 Any information provided by the User should be conducted in a professional and respectful manner. Abusive or offensive language, discussions which may be deemed as political, discriminative, threatening, sexual or of religious nature, as well as any other inappropriate behaviour which violates our Terms, directed at any person and, under any circumstances, will not be tolerated on our Website.

6.3 All communication using the Website must be carried out in the English or Arabic language.

6.4 You may not post information, Description, Content, or comments on, or using, the Website and on third party social media platforms relating to, or connected with, Hortman that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature or any other material that is prohibited by law, about Hortman (inclusive of its owners, representatives, staff, affiliates, and customers) and its services.

6.5 Users acknowledge and accept that an actual or threatened breach of any term(s) of this Clause 6 may be penalized by implementing any one or more of the following:

i. Disqualifying their use of our Website indefinitely; and/or
ii. We shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above;
iii. We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website’s communication, chat functionality, and third party social media platforms.

7. Warranties and Disclaimers

7.1 You agree and acknowledge that the Website are provided on an “as is” basis. Except as otherwise specifically set forth herein, Hortman does not make, and hereby disclaims any/all warranties express or implied, including without limitation implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.

7.2 We make no warranty that the Services or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Website. No information provided through the Website or by us in oral or written form will create any warranty not expressly made herein for your reliance upon the Content obtained or used by you through the Website is solely at your own risk.

7.3 We reserve the right, and have complete discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Website at any time and for any reason.

7.4 The User acknowledges that Hortman may store, record or document any information exchanged between Users and Hortman.

7.5 We endeavour to exercise our best efforts to keep Content secure and encrypted. However, we cannot guarantee the safety and security of all data on the Website and therefore shall not be held liable in the event of a breach of security beyond our reasonable control.

7.6 Users must ensure the accuracy and authenticity of any/all information they supply to us through the Website including, but not limited to personal data as well as information supplied by the User on behalf of any third-party the User wishes to refer to Hortman.

7.7 Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.

7.8 The User acknowledges that Hortman will process personal data including but not limited to names and electronic mail addresses, make improvements to the Website and prevent unauthorised use of Website.

7.9 The User agrees Hortman is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Website.

7.10 The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up to date virus protection, personal firewalls and any other suitable measures the User deems necessary.

7.11 The User understands that Hortman cannot be held liable in the event the Website transmits information that has been accessed, altered and/or corrupted.

7.12 The User accepts that Hortman may be required to suspend access to the Website for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving notice.

7.13 All interactions between Users and Hortman, must be carried out in a responsible, ethical, professional and legal manner.

7.14 While using the Website, you make the following representations and warranties to Hortman:

i. you are eighteen (18) years of age or older and are legally allowed to access the Website (if and as required); and
ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to Hortman.

7.15 The services advertised on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Child”) to use the Website. If a Child would like to avail of any of the advertised services offered by Hortman, he/she should take the assistance of a parent/guardian/adult authorised with that Child’s supervision. We do not personally collect identifiable information from any person we know is a Child.

7.16 When a User visits the Website or sends us electronic mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users by electronic mail. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active electronic mail address.

7.17 We may share Users’ personal information with Hortman’s affiliates and partners, and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from the Website to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Website or our businesses, such as account services, web hosting, software development and information processing.

7.18 We hereby exclude any/all other representations and warranties relating to the subject matter of these Terms, the use of the Website in any manner other that expressly stated herein.

8. Privacy Policy

8.1 In order to provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Website.

8.2 We adopt standard data collection, storage, processing practices and security measures in accordance with the Applicable Laws, rules and regulations, in order to protect against unauthorized access, alteration, disclosure or destruction of Users’ data stored on our Website.

9. Limitation of Liability

9.1 You understand and agree that in no event shall the owners, directors, employees, agents, or licensors of Hortman be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Content, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content (2) unauthorized access to or alteration of Your Content; (3) statements or Conduct of any User; (4) inaccurate information provided on the Website; (5) any other matter related to Hortman and any Content, whether based on warranty, Intellectual Property, contract, tort (including negligence) or otherwise.

9.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it.

9.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. Hortman shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Website with or without the consent of the Users.

9.4 We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to Hortman, or uploaded or made available to the public using the Website, by Users. You hereby acknowledge and agree that your acceptance of information provided to Hortman is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or Content thereof made available to you.

9.5 Users agree that they will not bring any claim against Hortman or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Website, Apps, or these Terms.

10. Indemnity

Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Website and the Content, or your violation of these Terms.

11. Violations

11.1 If Hortman becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any and all applicable legal authorities.

11.2 Hortman is entitled, except to the extent prohibited by any Applicable Laws, to disclose any information or materials on the Website, including Your Content, to:

i. comply with any Applicable Laws, legal process or governmental request;
ii. enforce the Terms;
iii. respond to any claims that Your Content violates the rights of third parties;
iv. respond to your requests for customer service; or
v. protect the rights, property or personal safety of Hortman, its Users, or the public, and all enforcement or other government officials, as Hortman in its sole discretion believes to be necessary or appropriate;

12. Modification and Termination

12.1 Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, any of the advertised services (or any part thereof) and remove any content that has been made available to you through the Website, with or without notice, for any of the following reasons (which are not intended to be exclusive):

i. breaches or violations of any Clauses in these Terms;
ii. breaches or violations of other incorporated agreements or guidelines entered into with Hortman;
iii. requests by law enforcement or other government agencies;
iv. discontinuance or material modification to any services (or any part thereof);
v. technical or security issues or problems;
vi. extended periods of inactivity; and/or

13. Severability

If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by any Applicable Laws.

14. Waiver

14.1 If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and will not relieve the Users from compliance with such obligations.

14.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

15. Third Party Rights

These Terms are between the Users and us. No other third-party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorised in writing by Hortman.

16. Force Majeure

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website, (including but not limited to, maintenance, repairs, bugs, fixtures and any other technical issues on the Website), overbooking, or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving Hortman ’s employees), lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.

17. Governing Law and Jurisdiction

17.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter “DIFC”).

17.2 The Parties irrevocably agree that DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

18. Contact Information

If you have any further questions, contact us via email info@hortmanclinics.com or telephone +971522005011.