This page, along with the documents referred to on it, outline the terms and conditions (the “Terms and Conditions”) between you and BaitCare Company W.L.L., the operator of [BaitCare Application] (the Site or our BaitCare Applications) under which we supply any of the services (Services) listed on our website BaitCare Application (our Site) to you. Please read these terms and conditions carefully before subscribing to BaitCare Company W.L.L or our Site or Applications. You should understand that by becoming a member or by using any of our Services, you agree to be bound by these terms and conditions. These Terms and Conditions govern your use of our Site and Applications, both as a casual visitor and as a registered user.
Kindly print a copy of these terms and conditions for future reference.
By using the site, and/or by registering with us, you signify that you agree to these terms and conditions, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Kuwait any dispute that you may have with us, or the Site.. Please note that we offer the Site "as is" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms and Conditions on such individual's or entity's behalf.
1.1 We operate the website [BaitCare Application]. We are BaitCare, W.L.L., a company registered in the State of Kuwait under company registration number: 389774 under the Ministry of Commerce and Industry of the State of Kuwait.
1.2 Everything we offer on the Site and Applications, both Android and iOS, are referred to in these Terms and Conditions collectively as the "Services". Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.
1.3 You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
2.1 The Information that you obtain or receive from BaitCare Company and the BaitCare website and applications Application, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only.
2.2 The information provided on the site is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read on the site. Do not use the site for emergency medical needs. If you experience a medical emergency call your country’s appropriate emergency medical hotline. Your use of information provided on the site is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
2.3 We do not recommend or endorse any specific tests, doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
3.1 No licensed medical professional/patient relationship is created by using information provided by or through the use of the site including, but not limited to, the find a doctor feature, links to other sites or any assistance we may provide to help you find an appropriate medical professional or specialist in any field.
3.2 We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further we do not in any way endorse any individual 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.
3.3 We have no control over, and cannot guarantee the availability of any doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the site or services whatsoever.
3.4 You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular physician or medical provider by confirming with the doctor’s office, your current physician, the medical association relative to the doctor’s specialty and the relevant medical board.
Our Site is intended for use by patients seeking healthcare services from the doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers listed on our Site. Our Site is also intended for use by doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers seeking to provide healthcare services to patients.
5.1 As part of the registration process, you will provide a valid mobile number and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to care@BaitCare.company
5.2 In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize BaitCare Company and the BaitCare website and applications, their employees, agents and others operating on their behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, and contact information; medical and social history; current medical needs; and other information that is either requested by BaitCare Company or BaitCare or volunteered by you ("Personal Information"). You may also choose to authorize BaitCare Company and the BaitCare website and applications to share your Personal Information with selected doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you chose to exercise this right, you may not be able to utilize some features of the Site. The BaitCare Company and the BaitCare website and applications Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.
In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you warrant, acknowledge, and understand that:
6.1 You are legally capable of entering into binding contracts.
6.2 You are at least 18 years old.
6.3 BaitCare Company and the BaitCare website and applications selects doctors, physicians, nurses, physiotherapists, medical professionals, clinics, hospitals, and any other healthcare services providers to be featured on the Site based on a pre-existing contractual agreement with the doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers.
6.4 In addition to signing a contract, doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers must pay a fee to BaitCare Company in order to appear on the BaitCare Application Site.
6.5 BaitCare Company and the BaitCare website and applications Application will provide you with a list of doctors, physicians, nurses, physiotherapists, medical professionals, clinics, hospitals, and any other healthcare services providers who may be suitable to deliver the health care that you are seeking based solely on the information that you provide to BaitCare Company and the BaitCare website and applications Application (such as insurance information, proximity to your geographical location, specialty of the doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, and additional criteria that you specify).
6.6 You are ultimately responsible for choosing your own doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers.
6.7 BaitCare Company and the BaitCare website and applications Application may also provide you with lists or profile previews of featured doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers based on certain criteria (for example, insurance information, specialties/procedures performed by those doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, proximity to your geographical location, past selections by and/or ratings of doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers by you or by other BaitCare users, past experience of BaitCare users with doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers.)
6.8 BaitCare Company and the BaitCare website and applications (i) do not recommend or endorse any doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, (ii) do not make any representations or warranties with respect to these doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers or the quality of the healthcare services they may provide and (iii) do not receive any additional fees from such doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers for featuring them through the Services
6.9 BaitCare Company and the BaitCare website and applications Application restrict participation in the Services to doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers who hold active medical licenses and all certifications necessary to practice any specialty services offered to patients.
6.10 If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified medical practitioner. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that BaitCare Company and the BaitCare website and applications have no obligation to delete any data or information you provide on a Medical History Form, and that BaitCare Company and the BaitCare website and applications may continue to use such information in accordance with its Privacy Policy, in each case, following termination of: (i) your account, (ii) the account of any medical professional to whom your Medical History Form was submitted through the Site, or (iii) these Terms of Use.
You must be the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms and Conditions of Use. If you are under the age of 13, you may not use the Site or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site 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.
8.1 You are responsible for presenting a recent (under one month) medical diagnosis from a licensed physician, including recent (under one month) radiographs and diagnostic images/tests. BaitCare and our staff bear no responsibility for inaccurate diagnostics as the company and our staff are focused on the rehabilitation and home care of patients that have already received urgent medical or surgical care. The usual and customary charges for any medical services rendered by our doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers must be paid in advance and prior to any treatment. If you are not satisfied with your progress after the conclusion of the treatment plan, then BaitCare will reimburse the full amount of the payment.
8.2 You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
8.2.1 Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services.
8.2.2 Remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services.
8.2.3 Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services
8.2.4 Access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers.
8.2.5 Reformat or frame any portion of the web pages that are part of the Site and/or the Services.
8.2.6 Fraudulently misuse the Services by scheduling a consultation or treatment plan with a doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers which you have no intention of keeping.
8.2.7 Create user accounts by automated means or under false or fraudulent pretenses.
8.2.8 Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
8.2.9 Use contact information provided by our users or collaborating doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
8.3 In addition to our rights in these Terms and Conditions of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions of Use.
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
10.1 Our services for non-urgent, rehabilitation and home care services. You are responsible for seeking any diagnoses or surgeries with licensed medical professionals.
10.2 For doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, not employed by BaitCare, the Subscription plan to our service consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription at launch has an initial payment. In time, we will introduce a recurring payment feature and notify you when we do. If you accept this new feature, you will accept responsibility for all recurring charges prior to cancellation. BaitCare may submit periodic charges (e.g. every 3 months) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before BaitCare Application reasonably could act. To terminate your authorization or change your payment method, please email us.
10.3 For doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers subscribing to BaitCare Application you are agreeing to pay the amount specified in your contract until such time as you cancel. 1-month subscriptions can be cancelled after 1-month, 3-month subscriptions can be cancelled after 3 months, 6-month subscriptions can be cancelled after 6 months, and yearly subscriptions can be cancelled after 12 months. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation. If you do not cancel a recurring charge as specified in your contract shall continue to take effect.
10.4 To cancel your subscription at any time, you must logon to your BaitCare Application account or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
For patients, doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, we accept cash, credit card and wire transfer payments. Failure to make wire transfer payments of the amount indicated in the Contract to the BaitCare Company bank account, which we will specify to you, in a timely manner will result in suspension of our Services for patients and suspension of provider profiles on our Site until payment is made.
12.1 Excluding any content, which may be submitted from time to time by parnet doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain typographical errors and other errors or inaccuracies, which we may correct without liability. We do not guarantee that all services described on our Site will be available.
12.2 We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms and Conditions of Use. You agree that BaitCare Company and the BaitCare website and applications will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
13.1 BaitCare Company and the BaitCare website and applications Application do not claim ownership of any materials, services, or information you make available through the Site. With respect to any materials, services, or information you submit or make available for inclusion on the Site, you grant BaitCare Company and the BaitCare website and applications Application a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials, services, or information or any part of such materials. You hereby represent, warrant and covenant that any materials, services, or information you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant BaitCare Company and the BaitCare website and applications Application the license specified above. You further represent, warrant and covenant that any materials, services, or information you provide will not contain libelous or otherwise unlawful, abusive or obscene material. BaitCare Company and the BaitCare website and applications Application will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
13.2 We make the Site available as a service to patients and doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site’s editorial personnel.
13.3 It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
13.4 You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician or licensed medical professional.
13.5 Doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers and practice information found on the Site is intended for general reference purposes only. Doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers information found on the Site is both self-reported, by the doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers and/or office staff, and collected from multiple other data sources that may not be confirmed by the doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor BaitCare Company provides any advice or qualification certification about any particular physician or provider. Our relationship with sponsors or doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
13.6 The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
13.7 You will have the opportunity to submit feedback regarding your experiences with doctors who are featured on the Site, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the doctor and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or physician may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
13.8 We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
13.8.1 You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site;
13.8.2 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
13.8.3 You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
13.8.4 You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by BaitCare Company or BaitCare;
13.8.5 You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity;
13.8.6 You understand and agree that BaitCare Company and the BaitCare website and applications may (but is not obligated to) review and delete any Posted Content that in the sole judgment of BaitCare Company and the BaitCare website and applications violates these Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users;
13.8.7 You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information;
13.8.8 By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, BaitCare Company and the BaitCare website and applications , its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that BaitCare Company and the BaitCare website and applications shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other BaitCare Company and the BaitCare website and applications users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
13.9 The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. BaitCare Company and the BaitCare website and applications reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
13.9.1 Is false or intentionally misleading;
13.9.2 Harasses or advocates harassment of another person;
13.9.3 Involves the transmission of unsolicited mass mailing or "spamming";
13.9.4 Violates the intellectual property or other rights of any person;
13.9.5 Is threatening, obscene, defamatory or libelous; or
13.9.6 Is pornographic or sexually explicit in nature.
13.10 Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the proprietary technology of BaitCare Company and the BaitCare website and applications. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, BaitCare Company, BaitCare and their suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by BaitCare Company and the BaitCare website and applications to you are retained by BaitCare Company and the BaitCare website and applications.
14.1 In no event shall BaitCare Company and the BaitCare website and applications Application, their affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort or otherwise, even if BaitCare Company and the BaitCare website and applications Application have been advised or should have known of the possibility of such damages or losses. In no event shall the total liability of BaitCare Company and the BaitCare website and applications Application, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to BaitCare Company and the BaitCare website and applications Application in connection with the event giving rise to such liability.
14.2 We provide the site 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 site, 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 information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, BaitCare Company and the BaitCare website and applications make no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. BaitCare Company and the BaitCare website and applications do not warrant that the site or the services will operate error-free, that loss of data will not occur, or that the services software or site are free of computer viruses, contaminants or other harmful items.
14.3 Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the site or the services. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of doctors, physicians, medical professionals, clinics, hospitals, and any other healthcare services providers utilized through use of the service, even if we knew or should have known of the possibility of such damages.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.1 You agree to indemnify, hold harmless, and defend BaitCare Company and the BaitCare website and applications Application, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, contractors, agents, suppliers and affiliates from any and all claims, demands, liabilities, damages, costs and expenses of defense, including attorney and legal fees, in any way:
16.1.1 Arising from or related to your access and/or use of the Site;
16.1.2 Your, or any third party using your Credentials of any intellectual property or other right of any person or entity, violation of these Terms & Conditions or the Privacy Policy;
16.1.3 Content posted to the Site by you;
16.1.4 Your violation of any law or the rights of a third party;
16.1.5 Your use of the Services.
16.2 The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
17.1 All notices given by you to us must be given to BaitCare Company and the BaitCare website and applications Application at care@BaitCare.company. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
17.2 Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms and Conditions of Use and your consent to enter into agreements with us electronically.
18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, or sublicense these Terms and Conditions of Use to anyone else and any attempt to do so in violation of this section shall be null and void without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, for example to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
18.4 It is at our discretion to renew subscriptions.
18.5 We reserve the right to pass on personal data to specially selected third parties for research purposes.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1 strikes, lockouts or other industrial action;
19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 impossibility of the use of public or private telecommunications networks; and
19.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions of Use or other policies and terms posted on the Site by you or by someone using your Credentials. 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. BaitCare Company and the BaitCare website and applications shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.
21.1 These terms and conditions, any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, and any document expressly referred to in them constitute the entire and whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, oral agreement, written agreements, or any other agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
21.5 If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21.6 The failure of BaitCare Company and the BaitCare website and applications App to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
21.7 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities as we deem reasonably appropriate.
22.2 You will be subject to the policies and terms and conditions in force at the time that you use our Services, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Services previously used by you), or if we notify you of the change to those policies or these terms and conditions before we provide you our services (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of use of the Services).
22.3 Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgment of the Terms and Conditions of Use, the modification and agreement to abide and be bound by the Terms and Conditions of Use, as amended. If at any time you choose not to accept these Terms and Conditions of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.
22.4 Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms and Conditions of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
Contracts for the use of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the State of Kuwait law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Kuwait.