Terms of Service

TERMS OF SERVICE

 

DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Saffona and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, Saffona or “we”) welcome you to download our proprietary mobile application software called “Saffona” (or the “Application”). By downloading and using the Application, and by receiving services through the Application, you agree to be bound by the terms of service set out below (the “Agreement”).

If you do not agree to all of the terms of this Agreement, do not use the Application. Saffona has the right to revise and update this Agreement at any time. Your continued use of the Application  will mean you accept the revised Agreement.

 

1. Our Services; Registration and Membership.

Thank you for downloading our application. We are pleased to bring you an innovative platform that provides you the information and medical consultancy that is the need of the hour, including information regarding blood plasma donors who have recovered from COVID-19 successfully and have completed a 14 days recovery period before donating. Saffona provides non-emergency general adult, pediatric, plasma donation and other health related, in the comfort and convenience of a patient’s home, office, or workplace.

If you are using the Application for Services to a minor, you must be available during the communication and meeting with the donor or medical health practitioner. We believe that you are assuming the obligations of this Agreement as they relate to the minor.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment necessary to access the application.

In order to obtain our Services you must provide us with certain personal information and create a membership account (“Membership”). We respect your privacy and a complete statement of our current privacy policy can be found in the “Privacy Policy”. Our Privacy Policy is expressly incorporated into this Agreement by this reference.

 

2. You Must Provide Accurate Information to Maintain Your Membership.

It is imperative that you provide accurate and truthful information about your identity and your Health and physical condition during the registration process. By filling in the Membership information requested you represent and warrant to Saffona that all of the personal information you provide during this process is true and correct. Saffona reserves the right to refuse or cancel your Membership or your use of the Application if Saffona determines that you have not provided complete and accurate information regarding your identity and/or have not provided accurate Health information.

You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s Membership or log in details to access the Application.

 

3. Eligibility.

You must reside in Pakistan and be 18 years of age or older to use the Application and the Services provided through the Application. If you are searching for a plasma donor or a healthcare adviser for a minor, you must verify that you are the parent, guardian or other personal representative with the authority to make Healthcare decisions for the minor. 

You must notify us immediately of any change in your eligibility to use the Services including any changes to your medical condition or physical fitness, breach of security or unauthorized use of your Membership with Saffona.

 

4. Our Services.

Saffona is a service provider that provides information about plasma donors, health care centers & medical representatives near you,and provides a forum for donors to help other suffering patients, at the comfort of their home.

Other providers providing health related service may be contracted independent providers. Saffona shall not be liable for any professional advice from an independent contracted provider that is provided to a user in-person or via mode of any electronic medium. We do not recommend or endorse any specific tests, Health care or service providers, medications, products or procedures. You acknowledge that your reliance on any independent contracted providers that promote themselves on our Application or information provided by providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

Consult with your current licensed Health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or Health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed Healthcare provider.

 

5. Additional Services and Terms.

Some of the Services we offer may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.

 

6. Account Security.

You are responsible for maintaining the confidentiality of your username and verification code that you designate during the Membership registration process and you are fully responsible for all activities that occur under your username. You shall immediately notify us of any unauthorized use of your Saffona account or any other breach of security. Saffona will not be liable for any loss or damage arising from your failure to comply with this provision. You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by Saffona and the Health Care Professionals, in accordance with applicable law.

 

7. License and Limitations on Use.

Saffona grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object, Application package and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Saffona or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Saffona. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Application, you agree that your use:

Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

Will not cause nuisance, annoyance, disruption, or inconvenience to any Health Care Professionals;

Will not impair the proper operation of the network;

Will only be through access points or wireless data account (AP) which you are authorized to use; and

May involve standard messaging charges by your wireless provider.

 

8. Notice for Claims of Copyright Violations.

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

A description of the copyrighted work that you believe has been infringed;

A description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application;

Your address, telephone number, and email address;

A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent at the following email address: support@saffona.com

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

 

9. Member Conduct.

We reserve the right to terminate your Member status if you misuse the Application, or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

Upload, post, or transmit to any provider by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Impersonate any person or entity, including another Member, Health Care Professional, or an employee of Saffona, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”

Attempt to interfere with or disrupt our servers or networks;

Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

Stalk or otherwise harass another user or Member of our Services or any of our employees, or any independent Health Care Professionals;

Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including usernames or contacts; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

 

10. DISCLAIMERS OF WARRANTIES.

YOU USE THE APPLICATION, THE SERVICES, INCLUDING HEALTH CARE PROFESSIONALS’ SERVICES, AND SERVICE PLASMA DONATION BY A DONOR AT YOUR OWN RISK. SAFFONA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY SAFFONA OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A HEALTH CARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, ANY MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND SAFFONA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAFFONA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY INDEPENDENT MEDICAL PRACTICE AND ANY DONOR OR COVID-19 PATIENT. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN SAFFONA’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

11. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT SAFFONA SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFFONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES  (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE APPLICATION, SERVICES OF THE WEBSITE OR HEALTH CARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL  SAFFONA’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SAFFONA . IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, SAFFONA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

12. DISCLAIMERS REGARDING MEDICAL PRACTICE AND SAFFONA HEALTHCARE PROFESSIONALS.

SAFFONA DOES NOT EXPRESSLY ENDORSE ANY MEDICAL PRACTICE OR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE HEALTH CARE PROFESSIONAL AND NOT SAFFONA. RELIANCE ON ANY INFORMATION PROVIDED BY ANY HEALTH CARE PROFESSIONAL ON OR THROUGH THE APPLICATION IS SOLELY AT YOUR OWN RISK. SAFFONA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION OR SERVICES. HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH PROVIDER ARE BETWEEN YOU AND THE LICENSED HEALTH CARE EXPERT. BY USING THE SERVICE, YOU AGREE NOT TO HOLD SAFFONA LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE PROVIDER MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL SAFFONA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR A DONOR OR A PATIENT OR PATIENT’S FAMILY, COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PROVIDERS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION OR OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

 

13. Indemnification.

You agree to defend, indemnify, and to hold harmless Saffona, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services  or your inability to use the Application or our Services; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold Saffona (and its officers and directors) harmless applies whether a claim against Saffona is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application caused damage to you or to any third party and/or your use and access to the Application and/our Services. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.

 

14. Third Party Websites, Products and Services.

The Application may link to or promote websites, products and/or services from other companies, such as independent Medical Practices, or offer you the ability to download software from other companies. You agree that Saffona is not responsible for, and does not control, those websites or any third party products or services. Saffona encourages you and any minor for whom you are responsible to be aware of this when you leave the Application or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.

 

15. Governing Law and Choice of Forum.

This Agreement contains the final and entire agreement between us regarding your use of the Application and our Services for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application and/or our Services, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Government of Pakistan applicable to contracts made entirely within Pakistan, without regard to any conflict or choice of law principles.

 

16. Assignments.

Saffona may assign its rights and obligations under this Agreement. This Agreement will ensure to the benefit of Saffona’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

 

17. Promotions and Offers.

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Application reserves the right to send particular promotions to particular Members, Physicians, and other individuals. We may use any personal information you provide to us (including your email address, nic & contact number), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. You agree that Saffona may communicate your personal information to a provider featured on the Application in connection with any Healthcare services provided by that provider and other Health Care Professionals.

Saffona is not responsible for any unauthorized promotions and offers offered by third parties through the Application.