Welcome to the portal www.wikisiha.com, (the “Website”). The website is operated by Wikisiha, having its registered office at Bahrain, Muharraq, Al-Dair Building 3D,Block 233, Avenue 25 CR 126555-1.
The terms ‘You’ or ‘Your’ refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or a Medical Practitioner and the terms ‘Wikisiha’, ‘We’, ‘Us’, and ‘Our’ refer to Wikisiha Medical online services Individual Establishment
If ‘You’ access the Wikisiha mobile application, then this Agreement is applicable to its use as well. In addition, additional terms may be applicable which govern the use of the mobile application. In such case, the term 'Website' will be deemed to refer to the Wikisiha mobile application.
The features or services of this website are available only in Bahrain. However, non-registered users may still browse through the information listed on the website.
This Agreement surpasses all previous written and oral terms and conditions (if any) communicated to ‘You’.
1. THE WEBSITE
- 1.1. Users: The Website is accessible to visitors/non-registered users, registered users and medical practitioners. "Registered Users" are people who have registered for an account on the Website by providing Wikisiha with required information and who can also log in to the Website by providing their username and password. "Non-Registered Users" are visitors who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only. "Medical Practitioners" are duly qualified members of the medical profession and (a) with whom Registered Users can book appointment using the Website or (b) who can provide information to questions raised by Registered Users or (c) with whom Registered Users can consult privately with respect to their queries or d) who can generate and provide health related information and education material for general use of Registered Users.
Registered Users, Non-Registered Users and Medical Practitioners shall collectively be referred to as "Users".
1.2. Features of the Website: The Website offers the following features:
a) For Registered Users:
- i. Platform for obtaining general and preliminary information from the Medical Practitioner concerning a health related question: You may ask any health related questions on the Website and obtain preliminary and generic information to such question from a Medical Practitioner.
- ii. Platform for viewing general and preliminary information of the Medical Practitioner on questions submitted by other Registered Users: You may read this information provided by a Medical Practitioner to questions submitted by other Registered Users on the Website.
- iii. Platform to schedule an appointment with the Medical Practitioner: You may use Website to schedule an appointment with the Medical Practitioner.
- iv. Platform for private interaction with the Medical Practitioner: You may interact with the Medical Practitioner privately on the chat feature available on the Website or via the phone or through the mobile app which the Website may provide after paying consultation fee to the Medical Practitioner.
- v. National Electronic Health Record (NEHR) : is a secure system , A comprehensive electronic file for patient health Records across different healthcare providers the patient’s confidentiality rights can be accommodated by giving the patient the option on whether his information can be accessed by healthcare providers
- vi. At present, we understand that once a patient gives his electronic Key to his data, all doctors with proper clearance can access the patient’s records.
b) For Non-Registered Users:
- i. Access to Medical Practitioner Profiles: Depending on the extent of information shared by Medical Practitioners at the time of registration with the Website, the Medical Practitioner’s profile contains their name, qualifications, experience, specialization, consultant fees, personal statement, education, professional memberships etc. These can be accessed by you. The Website offers various search features to help you access Medical Practitioner profiles.
c) For Medical Practitioners:
- Platform to create a public profile: You may upload your profile containing your name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships etc. on the Website. Your profile is accessible to all Registered as well as Non-Registered Users.
- Online Consultation Should Not include Medical Prescription For any Medication, Doctors Who Prescribe Medication in Online Consultation Will Take Full Responsibility, this is a Clear Violation of The Laws By NHRA.
- You will follow the rules of the National Health Regulatory Authority (NHRA) and ensure that all actions on the website and Mobile App are in accordance with the NHRA.
- The doctor must provide medical advice with all sincerity and safety and not use wikisiha platform or mobile app to promote him or his clinic .
- No Rules for Doctors to Write A Medical Sick Leave in Online Consultation.
- Platform for private interaction: You may use the Website or Wikisiha Doctor App for private interaction with Registered Users. In case of private interaction, you may exchange texts, images, videos over the chat feature of the platform and communicate through other means deemed permissible by Wikisiha, such as telephone calls.
- Platform to answer questions to health related questions submitted by Registered Users: You may provide your preliminary and general information to health related questions submitted by Registered Users.
- Platform to publish Doctor-contributed health related information and education material: You may contribute health related information and education material which Wikisiha’s editors may, with or without modification, at its sole discretion, publish on the Website.
- A doctor or healthcare professional can be punished for accessing a patient’s records without valid justification, such measures are punitive and retrospective in nature, after the transgression and damage has already been done.
1.3. Types of content on the Website:
The various types of content available on the Website is categorised as follows:
- 1.3.1. Content provided by Registered Users including questions provided by Registered Users and interactions in the course of private interactions with Medical Practitioners ("User Content").
- 1.3.2. Content provided by Medical Practitioners including health-related information and educational material; and information provided through responses to questions asked by Registered Users ("Medical Practitioner Content").
- 1.3.3. Content which Wikisiha has generated or procured for the Website ("Wikisiha Content").
2. USE OF THE SITE
2.1. Use by all Users (Registered, Non-Registered User and Medical Practitioners)
- 2.1.1. You will use the Website and its features only in relation to and in compliance with all applicable laws in Bahrain. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
- 2.1.2. You will not deliberately use the Website in any way that is unlawful or harms Wikisiha, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
- 2.1.3. You understand that as part of your registration process as well as in course of your use of the Website, you may receive SMS messages from Wikisiha on your registered mobile number. These messages will relate to your registration, transactions that you carry out through the website and any such information found suitable of your attention by Wikisiha. Please note that Wikisiha will send these SMS messages only to the mobile number that you provide on the Website. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter into. Further, Wikisiha may also send notifications and reminders to you with respect to appointments scheduled by you for the features that you may be using on the Website. You hereby consent to receive such messages from Wikisiha.
- 2.1.4. By using the website and/or registering yourself at Wikisiha you authorize us to contact you via email or phone call or SMS and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And irrespective of the fact if you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Wikisiha & associate partners for the above mentioned purposes.
2.2. Use by Registered User
- 2.3. Use by a Non-Registered User
- 2.3.1. Wikisiha will provide you with lists and/or profile previews of Medical Practitioners based on information that you provide to the Website’s search features (such as area of specialty and geographical location). Please note that Wikisiha
- (i) does not recommend or endorse any Medical Practitioners mentioned on the Website; and
- (ii) does not make any representations or warranties with respect to these Medical Practitioners or the quality of the healthcare services they may provide
- 2.4. Refund Policy for Paid Consults
- 2.4.1. In case a Medical Practitioner is not available to respond to a paid consult, you may report the issue to Wikisiha and request for cancellation, post which Wikisiha will process the refund amount equalling to the total actual amount paid by you.
- 2.4.2. In the event it is proved that a Medical Practitioner has acted in a manner that is against any applicable laws, Wikisiha shall provide complete refund to you, subject to investigation undertaken by Wikisiha.
- 2.4.3. In the event it is proved that you have demonstrated an abusive nature during the consult, you shall not be eligible for any refund and Wikisiha/Medical Practitioner shall be entitled to take any legal action as applicable.
- 2.4.4. You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter.
- 2.4.5. You can request a refund from your consult chat screen or by sending us an email at email@example.com.
- 2.4.6. In the event Wikisiha establishes that your refund claim meets the above conditions, Wikisiha shall process the refund accordingly and the money will be refunded to you within three (3) working days from the day refund has been approved from Wikisiha.
3. ROLE OF Wikisiha
- 3.1. Wikisiha’s role is limited to a) providing a platform for hosting and publishing User Content and Medical Practitioner Content b) providing a platform for Registered Users to raise health related questions and Medical Practitioner’s to provide preliminary and general information to questions c) providing a platform for private interaction between Registered User and the Medical Practitioner d) providing a platform to find Medical Practitioners based on Registered User’s inputs and Medical Practitioner profiles created by Practitioners themselves and e) providing a platform for Registered Users .f) facilitating collection and disbursal of consultation and service fees for Practitioners.
- 3.2. Wikisiha’s role is that of an "intermediary" as defined under the Information Technology Act, and the rules thereunder. Being an intermediary, Wikisiha has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Medication or Medical Practitioner Content , information provided by Medical Practitioners, interactions between Medical Practitioners and Users.
- 3.3. Wikisiha does not have the obligation to pre-screen or monitor User Content, Medication Content or Medical Practitioner Content at any time. However Wikisiha may elect to monitor any User Content or Medical Practitioner Content and remove any User Content and Medical Practitioner content from the Website if Wikisiha determines in its sole discretion that such User Content and/or Medical Practitioner Content is in violation of this Agreement or any applicable law and best practices. Where Wikisiha removes any User Content or Medical Practitioner Content from the Website, Wikisiha will make reasonable efforts to inform the User or Medical Practitioner who had posted such User Content or Medical Practitioner Content respectively. Such actions do not in manner negate or dilute Wikisiha’s position as an intermediary or impose any liability on Wikisiha with respect to User Content and/or Medical Practitioner Content.
- 3.4. If Wikisiha suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Lab or Medical Practitioner, notwithstanding any other rights Wikisiha may have, Wikisiha reserves the right to inform the relevant government or law enforcement authorities. Wikisiha will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
- 3.5. Wikisiha does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
- 4.1. You may be provided with links on the Website that direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
- 4.2. Wikisiha does not endorse any Third Party Websites that you may be directed to from the Website.
6. PERSONAL INFORMATION
- 6.1. We may collect various personal information from you when you use the Website and or the features provided by the Website.
- 6.4. Wikisiha may disclose your Personal Information in accordance with applicable law.
8. LIMITATION OF LIABILITY:
- 8.1. To the fullest extent permitted by law, in no event will Wikisiha be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Wikisiha has been warned of the possibility of such damages or could have reasonably foreseen such damages.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
- 9.1. You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation.
- 9.2. All registration information ‘You’ submit is truthful and accurate and that you agree to maintain the accuracy of such information.
- 9.3. You as a Registered or Non-Registered User will use the Website solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- 9.4. Your use of this Website shall be subjected to the following restrictions:
- 9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- 9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
- 9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
- 9.5. You will not use the Website and / or services in any way that is unlawful, or harms WikiSiha or any other person or entity, as determined in the WikiSiha sole discretion.
- 9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
- 9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that —
- (a) belongs to another person and to which the user does not have any right to.
- (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
- (c) harm minors in any way.
- (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force.
- (e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- (f) impersonate another person.
- (g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- (h) threatens the unity, integrity, defence, security or sovereignty of the countries in the GCC region, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby indemnify, defend, and hold Wikisiha, the Wikisiha’s distributors, agents, representatives and other authorized users (Registered and Non-Registered Users, Medical Practitioners), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
Wikisiha reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your user account and/or your access to the Website. Upon suspension or termination, your right to use the features on the Website shall immediately cease and WikiSiha reserves the right to remove or delete your information that is available with WikiSiha including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, Medical Practitioner Content or Wikisiha Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. Wikisiha shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of Bahrain.
- 13.1. Wikisiha reserves the right to modify any part of the agreement at any time without giving you prior notice.
- 13.2. When we update the agreement, the next time you visit the website, the website will provide a message to you (which may be sent by email if you have provided your email id) which will intimate you of the amendments. You do not agree to the amendments, please do not use the Website any further.
- 14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or to your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in Bahrain. The governing law of the Agreement shall be the substantive law of Bahrain. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
- 14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
- 15.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
- 15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English/Arabic language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
- 15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- 15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
- 15.5. Force Majeure: Wikisiha shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Wikisiha’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
- 15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
- 15.7. Advertisement: Wikisiha shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
- 15.8. Assignment: You may not assign or sub-license, without the prior written consent of Wikisiha, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.