Data Policy

Introduction

NFS takes privacy seriously – we are committed to keeping your personal information private. All personal data we collect is kept strictly secured and used only for the purposes described in this privacy policy. This privacy policy applies to information collected through our App and any information we collect offline.

What data do we collect?

When you download the App, we collect information about you and your use of our App. We treat this information as falling into categories: User Information, Usage Data.

User Information is the information you explicitly provide to us when you make an account or sign up to create a post, including your:

  • Name
  • Phone Number
  • Email address

Usage Data is general information about how you interact with our App, such as:

  • How people reach the App
  • Which button or links you clicked
  • Whether you have been to App before

How we collect data

Information you provide to us directly: When you post with us online, we will ask you to provide personal data (such as your name and address), so we can fill your post. We may also ask you to provide personal data when you sign up for registration.

Privacy Policy

NFS (“us”, “we”, or “nfs”, which also includes its affiliates) is the author and publisher of the nfs Platform (“app” or “platform”) on the internet as well as the software and applications provided by nfs.

This Privacy Policy (the “policy”) explains how we collect, use, share, disclose and protect personal information about the Users of the Services, including the Practitioners (as defined in the Terms of Use), the End-Users (as defined in the Terms of Use), and the visitors of the platform (jointly and severally referred to as “you” or “user(s)” in this policy). We created this policy to demonstrate our commitment to the protection of your privacy and your personal information.

Your use of and access to the Products (“product(s)”) and/or Services (“service(s)”) is subject to this Privacy Policy and our Terms of Use. Any term used but not defined in this policy shall have the meaning attributed to it in our Terms of Use.

By using the services or by otherwise giving us your information, you will be deemed to have read, understood and agreed to the practices and policies outlined in this privacy policy and agree to be bound by the privacy policy. You hereby consent to our collection, use and sharing, disclosure of your information as described in this policy.

We reserve the right to change, modify, add or delete portions of the terms of this privacy policy, at our sole discretion, at any time. If you do not agree with this policy at any time, do not use any of the services or give us any of your information.

If you use the services on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorised by such individual or entity to accept this privacy policy on such individual’s or entity’s behalf; and
consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this policy.

This policy will help you understand how we use and protect your data. If you have any questions, feel free to contact us at nfs.fthm.app@gmail.com

Why do we have a privacy policy?

The reason we collect information are set out in this policy, and we are not telling you all this just because we have to. As a service provider, most of what we do – from connecting calls to developing and promoting our services – involves using personal information. And we believe that it is very important for our users to trust us with that information.

We want you to be confident that we will keep it secure and use it both lawfully and ethically, respecting your privacy. But whatever we do with your information, we need a legal basis for doing it. We generally rely on one of three grounds (reasons) for our business processing in line with the purposes outlined in Article 4 of Law No. 30 of 2019 on the issuance of the Personal Data Protection Law (the “Applicable Privacy Law”).

Firstly, if you have used or take a service from us, we are entitled to process your information so that we can provide that service to you and bill you for it.

Secondly, if we want to collect and use your information for other purposes other than what is stated herein, we may need to ask for your consent (permission) and, if we do, that permission must always be indicated by a positive action from you (such as ticking a box) and be informed.

You are also free to withdraw your permission at any time. We tend to need permission when what is proposed is more intrusive (for example, sharing your contact details with other organizations so they can market their own products and services to you). But we do not always need permission.

In some cases, having assessed whether our use would be fair and not override your right to privacy, we may come to the view that it falls within our ‘legitimate interests’ to use the information in a particular way without your permission (for example, to protect our platform against cyber-attacks, to block SPAM or to provide you with better customer experience).

This is all set out in detail in this policy, which focuses more on those items that we think are likely to be of most interest to you. In addition to processing for business purposes, we give you information on circumstances in which we may have to, or can choose to, share your information.

Accessing and updating your information

You can request to update the information we hold about you by sending an email to nfs.fthm.app@gmail.com. Once we’ve looked at your request, we’ll let you know when you can expect to hear from us.

We’ll always try to help you with your request, but we can refuse if we believe doing so would involve (i) infringement and/or abuse of your use of your rights, (ii) prejudice any intellectual property rights or trade secrets of us and/or a third party or (iii) the law prevents us. And even though we must complete your request free of charge, we are allowed to reject requests if (a) they’re repetitive or (b) you don’t have the right to ask for such information or (c) the information and/or the requests made are excessive. If that’s the case, we’ll explain why we believe we don’t have to fulfil the request.

What personal information do we collect and how do we use it?
The personal information we collect depends on the products and services you have and how you use them. We explain the different ways we use your personal information below.

To provide you with products and/or services; We may use your personal information to provide you with products and/or services. This applies when you register or buy a product or service from us or if you register for an online account with us or download and register on our app.

This means we can:
record details about the products and/or services you use or order from us;
send you product or service information messages;
update you on when we’ll deliver, connect, install or activate your products and services;
let you create and log in to an online account;
charge you and make sure your payment reaches us;
share your information with third parties that we work with in order to resell a service we provide to you through a third party, relationship management, sending bills;
service activation/fulfillment /delivery; or
customer service.

If we do this, we still control your personal information and we have strict controls in place to make sure it’s properly protected (please refer to section ‎9 for more details) and we use the following to provide products and/or services and in order to manage your account:

Your contact details and other information to confirm your identity and your communications with us. This includes your name, gender, address, phone number, date of birth, email address, passwords, credentials (such as the security questions and answers we have on your account) and any other information required for your use of the app.

Your payment(s) and financial information including your credit or debit card information, information about your bank account and other banking and cards information in relation to the e-wallets, digital banking mediums in addition to the automated payments (if opted for by you). You may opt out from the automated payment scheme any time by contacting us on/at [nfs.fthm.app@gmail.com.
Your communications with us, including emails, webchats and phone calls. We’ll also keep records of any settings or communication preferences you choose, if applicable.
Information from cookies placed on your connected device(s) that we need so we can provide a service (please refer to section ‎3 for more details).

We use this information to carry out our obligations and provide products or services to you. If you don’t give us the correct information or ask us to delete it, we might not be able to provide you with the product or service you requested from us.

If you tell us you have a disability or otherwise need support, we’ll note that you are a vulnerable customer, but only if you give your permission or if we have to for legal or regulatory reasons. For example, if you tell us about a disability, we need to be aware of when we deliver our services to you, we have to record that information, so we don’t repeatedly ask you about it. We will also record the details of a power of attorney if applicable and we have been asked to log such details against your account.

Because it is in our interests as a business to use your information
We can use your personal information if we consider it is in our legitimate business interests so that we can operate as an efficient and effective business. We use your information to:
identify, qualify your eligibility for products, pricing of financial risk, and to let you know at the right time about products and/or services that could interest you

  • create aggregated information for further use
  • detect and prevent SPAM and fraud and secure and protect our platform.

To market to you and to identify products and services that interest you
We may also use your personal information to send you direct marketing and to better identify products and services that potentially interest you. We do that if you’re one of our customers or if you’ve been in touch with us another way (such as entering a prize promotion or competition).

This means we may create a profile about you to better understand you as a customer and tailor the communications we send you; tell you about other products and services you might be interested in and that you qualify for; recommend better ways to manage what you spend with us, like suggesting a more suitable service based on what you use; try to identify and advise you at the right time about products and/or services you may be interested in; and show you more relevant online advertising and/or work with other brands to attempt to make theirs more suitable to you.

We may use the following for marketing and to identify and qualify the products and services you’re eligible to and interested in:

  • Your contact details. This includes your name, gender, address, phone number, date of birth and email address
  • Your telecom usage, behavior and locations
  • Your spending, payments and financial information
  • Information from cookies and tags placed on your connected devices
  • Information from other organisations such as aggregated demographic data, data brokers, our partners and publicly available sources
  • Details of the products and/or services you’ve purchased and how you use them
  • Audio recordings in our call center.

We may send you information (about the products and/or services we provide) by phone, post, email, text message, online banner advertising or a notice using our apps. We may also use the information we have about you to personalise these messages wherever we can as we believe it is important to make them relevant to you.

We do this because we have a legitimate business interest in keeping you up to date with our products and services, making them relevant to you and making sure you manage your spending with us.  We also check that you accept that we send you marketing messages by text or email before we do so. You also have the option to opt out by contacting us at nfs.fthm.app@gmail.com.

By signing our terms and conditions you agree we can market to you other organisations’ products and services to you.

If you no longer want to receive marketing activities from us, you will need to contact us on nfs.fthm.app@gmail.com to submit your request along with your proof of identity, and we will attempt to attend your request in due course. We will notify you, with any of the following:

With our acceptance to your request and to discontinue marketing;
With our partial response to your request (indicating the cause and the extent of our response); or
Rejection of your request and the reason therefore.

If you’ve opted out of a marketing activity, you may still receive service-related messages (e.g. billing, add-on/service activation, credit limit, expiry of term(s), etc.)

To develop our business and build a better understanding of what our customers want This means we may:

maintain, develop and test our platform (including managing the traffic on our platform), products and services, to provide you with a better service;
train our people and suppliers to provide you with products and/or services (but we make the information anonymous beforehand wherever possible);
create a profile about you to better understand you as our customer; and/or
run surveys and market research about our products and/or Services.

We can use the following information to perform any of the above in this section ‎2.4.
Your contact details
Your telecom usage, behavior and locations
Your spend, payments and financial information
Your communications with us, including emails, webchats and phone calls (and any recordings made)
Information from cookies placed on your connected devices
make and defend claims to protect our business interests
Details of the products and services you’ve bought and how you use them – including your call, browser (including IP address and static IP address, if it applies), and TV records.
If we use this information for market research, training, testing, development purposes, defend or bring claims or to create a profile about you, we do so because it is in our legitimate business interests of running an efficient and effective business which can adapt to meet our customers’ needs.
We create a profile about you based on what you have ordered from us and how you use our products and services.  This helps us tailor the offers we share with you.
To run credit and fraud prevention checks
Before we provide you with a product or service (including upgrades or renewals), or sometimes when you use our products and services, we’ll use your personal information and usage together with information we have collected from credit reference agencies, or fraud prevention agencies.  We use this information to manage our credit risk and prevent and detect fraud and money laundering.  We’ll also use these organisations to confirm your identity. When they get a search from us, a ‘footprint’ goes on your file which other organisations might see. We might also share the information with other organisations. We do this because it’s in our, and the organisations’, legitimate interests to prevent fraud and money laundering, and to check identities, to protect our business and to keep to laws that apply to us.

Details of the personal information that will be used include your name, address, date of birth, contact details, financial information, employment details and device identifiers, including IP address and other relevant details.

If you give us false or inaccurate information or default on payment which we identify as fraudulent, we may eventually pass that on to fraud prevention agencies. We might also share it with law enforcement agencies, as may the agencies we have shared the information with.

If we, a credit reference or eventual fraud prevention agency, decide that you are a credit, fraud or money laundering risk, we may refuse to provide the services or financing you have asked for, or we may stop providing existing services to you.

The credit reference and eventual fraud prevention agencies will keep a record of any fraud or money laundering risk, and this may result in other organisations refusing to provide services, financing or employment to you. If you have any questions about this, please get in touch with us using the contact details found in the ‘How to contact us and further details’ section below.

We may send credit reference and eventual fraud prevention agencies information about applications, and they keep that information. We might also give them details of your accounts and bills, including how you manage them. This includes telling them about your account balances, what you pay us and if you miss a payment (going back in the past, too). So, if you don’t pay your bills on time, credit reference agencies will record that. They, or a fraud prevention agency, might tell others doing similar checks – including organisations trying to trace you or recover money you owe them.

Whenever credit reference and fraud prevention agencies transfer your personal information outside of the Kingdom of Bahrain, they place contractual responsibilities on the organisation receiving it to protect your information to the standard required in the Kingdom of Bahrain. They may also make the organisation receiving the information commit to the conditions aimed at sharing information securely.
To collect debt
If you don’t pay your bills, we might ask a debt-recovery agency to collect what you owe. We’ll give them information about you (such as your contact details) and your account (the amount of the debt) and may choose to sell the debt to another organisation to allow us to receive the amount due.

To prevent and detect crime
We may use your personal information to help prevent and detect crime and fraud. We may also use it to prevent and detect criminal attacks on our platform or against your device(s) if possible.  We try to monitor traffic over our platform, attempt to trace nuisance or malicious calls, and attempt track malware and cyber-attacks.

To do that we use the following information, but only where strictly necessary:
Your contact details and other information to confirm your identity and communications with us. This includes your name, gender, address, phone number, date of birth, email address, passwords and credentials (for example, security questions). We may not store the original copy of your password. Instead we will try to keep it in a form that allows us to authenticate you but does not allow us to work out what your original password is.
Your payment and financial information including your credit or debit card information, information about your bank account and other banking and card(s) information.
Information from credit reference and fraud prevention agencies.
Details of the products and services/or you’ve purchased and how you use them.
Audio and email records to us.

We can use this personal information because we have a legitimate interest in protecting our platform and business from attacks and to prevent and detect crime and fraud. We can also share it with other organisations (such as other service providers and banks) who may have similar legitimate interests.  Doing this helps make sure our platform works properly and helps protect you from attacks.

If you call the emergency services, we’ll give them information about you and where you are, so they can help. We do this because it is necessary to protect you, or another person, and because it is in our interests to help the emergency services in providing help to you.

To meet our legal and regulatory obligations
We might have to release personal information about you to meet our legal and regulatory obligations.

To law enforcement agencies
Under investigatory powers legislation, we might have to share personal information about you to government and/or law-enforcement agencies, such as the police, to help detect and stop crime, prosecute offenders and protect national security.

They might ask for the following details:
Your contact details. This includes your name, gender, address, phone number, date of birth, email address, passwords and credentials (such as your security questions and answers) needed to confirm your identity and your communications with us;
Your communications with us, such as calls, emails and webchats; and/or
Your payment and financial information.

Details of the products and/or services you’ve purchased and how you use them.

In such cases, we share your personal information when the law says we have to.

We can also share personal information about you where we have to legally share it with another person. That might be when a law says we have to share that information or because of a court order.

In limited circumstances, we may also share your information with other public authorities (i.e. for historical or statistical purposes and/or for scientific researches) in anonymized form. However, we would need to be satisfied that a request for information is lawful and proportionate.

For regulatory reasons
We’ll also attempt to use your records to find the best way of routing your communications through the various parts of our platform, equipment and systems as required by the respective regulator.

If you reach us via a phone service to reach us, we can add your details included in our directory services such as our phone book. If you do, we’ll publish your details and share that information with other providers of directory services.

Collection of aggregated and anonymised information
We can use your personal information to create aggregated and anonymised information. Nobody can identify you from that information and we can use it to:
make sure our platform is working properly and continuously improve and develop our platform and products and services for our customers;
run management and corporate reporting, research and analytics, and to improve the business; and
provide other organisations with aggregated reports.

We can use the following to generate aggregated and anonymized information:
Your gender, address and date of birth;
Information about what you purchase from us, how you ordered it and how you pay for it (for example, you’ve subscribed to a service online and paid for it on a monthly basis);
Information from cookies and tags placed on your device;
Information from other organisations who provide aggregated demographic information, data brokers, our partners and publicly available sources; and/or
Details of the products and/or services you’ve purchased and how you use them.

We have a legitimate interest in generating insights that will help us operate our platform and business or would be useful to other organisations.
Sharing your information
Who do we share your personal information with, why and how?
We share your personal information with other service providers (subject to an agreement with them) to process personal information on our behalf or to help us provide services to you in the following cases:
If you purchased and/or subscribed to our products and/or services using a third party or partner organisation, we often need to exchange information with them as part of managing that relationship and your account (for example, to be able to identify your order and be able to pay them).
If we have a contract with a service provider or contractor to provide us with services or provide a service on our behalf, and they may have access to your personal information, we don’t authorise them to use or disclose your personal information except in connection with providing their services.
If you buy third party products through your account with us, the contract for it is with the party selling that product or service. We are only charging the amount directly to your bill as part of its arrangements with the seller (or with a third party authorised by the seller). As part of this, you’re agreeing that we may pass certain personal information to such parties to complete your purchase.

We can also use them to:
provide customer-service, marketing, infrastructure and information-technology services and content services;
personalise our service and make it work better;
billing for the products and/or services we provide you;
process payment transactions;
carry out fraud and credit checks and collect debts;
analyse and improve the information we hold (including about your interactions with our services); and/or
run surveys.

Where we use another organisation, we still control your personal information. When we share your information with other organisations we’ll make sure it’s protected, as far as is reasonably possible.

Also, we may need to transfer your information to other companies or service providers in countries outside the Kingdom of Bahrain which are considered to have sufficient laws when it comes to data protection and privacy. This kind of data transfer may happen if our servers (i.e. where we store data) or our suppliers and service providers are based outside the Kingdom of Bahrain, or if you use our services and products while visiting countries outside this area.

If we send your information to a country that is not considered to have sufficient laws, we will make sure that your information is properly protected. We will always use reasonable efforts/endeavors to ensure that there is a proper legal agreement that covers the data transfer and reflect the standards set by law to provide sufficient protection to your information.

If there’s a change (or expected change) in who owns us or any of our assets, we might share personal information to the new (or prospective) owner. If we do, they’ll have to keep it confidential.
Protecting your information and how long we keep it
How do we protect your personal information?
We have strict security measures to protect your personal information. We check your identity when you get in touch with us, and we follow our security procedures and apply suitable technical measures, such as encryption, to protect your information.

How long do we keep your personal information?

We retain your personal information as long as we have an ongoing legitimate business need to do so provided that we have a legal basis to do so, for example to provide services and/or products to you, or as required or permitted by applicable laws.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it after and as required or permitted by applicable laws.
How to contact us and further details
Got a question about how we use your information?
You can get in touch with our data-protection controller by email nfs.fthm.app@gmail.com

If you’d like any more details, or you have comments or questions about our privacy policy, contact us at nfs.fthm.app@gmail.com.
If you want to make a complaint on how we have handled your personal information, please contact our data protection controller who will investigate the matter and report back to you.  If you are still not satisfied after our response or believe we are not using your personal information in line with the law, you also have the right to complain to the respective authorities.

How will we tell you about changes to the policy?

We will try to notify you of such changes in advance.

We are under a legal obligation to let you know what personal information we collect about you, what we use it for and on what basis. You have the right to know what information we hold about you.

Terms & Conditions

Terms of Use for Practitioners, Practices and Healthcare Providers for the use of the Services (defined below) provided by (“nfs”).

nfs (referred to as “us” or “we” or “Company”, which also includes its affiliates) is the author and publisher of the internet resource, owns and operates the mobile application NFS (the “App” or “Platform”). nfs owns and operates the services provided through the Platform as well as the software and applications.

This Terms of Use constitute the agreement (the “Agreement” or “Terms of Use”) between nfs and the user of nfs’ Subscription Services (“User”, as defined in Section 2 of this Agreement). Your use of nfs’ Subscription Services, which includes but is not limited to booking appointments, reading and/or submitting articles and various ancillary services accessible on or through the App, for which a subscription amount is payable for usage (hereinafter individually referred to as the “Subscription Service” or “Service” and collectively referred to as the “Subscription Services” or “Services”) is subject to the following terms and conditions.

This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web-based practice management hosted and managed remotely through the App as described in Section 3.9 of this Agreement.

Your Agreement with nfs

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of the Subscription Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of these Subscription Services or to particular Subscription Services are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available via the App.

  • You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
  • Your access to use the Subscription Services will be solely at the discretion of nfs.

Who is nfs?

nfs is the author and publisher of the software nfs. nfs, and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at businesses, institutions and organisations engaged in the healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“End-Users”, which term shall also include members of the public who search for Practitioners on the App anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (hereinafter referred to as “Users”, “you” or “your”).
nfs makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Nfs does not authorize anyone to make a warranty on nfs’ behalf and you may not rely on any statement of warranty as a warranty by nfs.

Terms of Use

By using the Subscription Services, you agree that you have read and understood these Terms of Use and you agree to be bound by these Terms of Use and use these Subscription Services in compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. You expressly represent and warrant that you will not use these Subscription Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. YOUR USE OF THE APP MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
You must be fourteen (14) years of age or older to register; use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to nfs that you are fourteen (14) years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the nfs and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of the Kingdom of Bahrain or other countries including the country in which you are resident or from which you use the Subscription Services. A material condition of the User’s use of and access to the Subscription Services is the User’s acceptance of this Agreement.
nfs authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement.

The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, “nfs Content”), are the property of nfs and are protected under copyright, trademark and other laws. User shall not modify the nfs Content or reproduce, display, publicly perform, distribute, or otherwise use the nfs Content in any way for any public or commercial purpose or for personal gain. Multiple Users are not permitted to share the same/single log-in.

If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a three-way agreement between you, the Practitioner and nfs. Both the Practitioner and nfs may seek recourse against you for any violation of the terms of this Agreement.

Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
These Terms of Use will also be applicable to Users who access Software features using native mobile applications published by nfs including but not limited to its applications for devices running on platforms such as iOS, Android, and any derivatives or any other platforms. Additional terms of use may be applicable to Users while accessing Software using such mobile applications.

  • You agree that any registration information you give to nfs will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
  • You agree that you will not use the Subscription Services provided by nfs for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
  • You agree to use the Subscription Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Kingdom of Bahrain or other relevant countries).
  • You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by nfs, unless you have been explicitly allowed to do so in a separate agreement with nfs.
  • You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
  • You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
  • You agree that you are solely responsible for (and that nfs has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which nfs may suffer) of any such breach.
  • You will indemnify nfs for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by nfs as a result of your breach under any applicable law.
  • You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided “as is” and “as available”.
  • You agree that you will not make any unsolicited calls or use any information displayed by nfs, on an online or phycial platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRA (Telecommunications Regulatory Authority of the Kingdom of Bahrain) guidelines for telemarketing, or otherwise violate applicable law while using the Subscription Services.
  • You agree that this Agreement and the Subscription Services of nfs are subject to any modification, or may be removed by nfs, as a result of changes in government regulations, policies and local laws as applicable.
  • You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
  • Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by nfs. For instance, being a subscriber to nfs does not automatically entitle you to a higher ranking on nfs’ Practitioner search facility.

 

Use of Subscription Services

nfs provides Software through the App, as a Software as a Service (SaaS) model. nfs is not responsible for and does not deal with any of the patients managed by User through the App and only provides Software to Users through the App. To the extent that the User uses such software or downloads such software from the App, the Software, will be deemed to be licensed to User by nfs, for providing Subscription Services to the User and enabling the User to use those Software only. nfs does not transfer either the title or the intellectual property rights to the Software and others its Subscription Services, and nfs (or its licensors) retains full and complete title to the Software as well as all intellectual property rights therein. The User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction. Information provided by a User to nfs may be used, stored or re-published by nfs or its affiliates even after the termination of these terms of Service.
nfs may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdiction.

nfs offers its Subscription Services on as-is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
The User shall not access the Subscription Services of nfs if the User or the organisation that he/she/it represents is nfs’ direct competitor, except with nfs’ prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

nfs provides, at its discretion, basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available twenty-four (24) hours a day, seven (7) days a week, except for (i) planned downtime (of which nfs shall give a prior notice to Users via the Subscription Services and which nfs shall schedule to the extent practicable during the weekend hours from 6:00PM Arabia Standard Time (AST) Thursday to 6:00AM Arabia Standard Time (AST) Sunday), or (ii) any unavailability caused by circumstances beyond nfs’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. nfs will provide the Subscription Services only in accordance with applicable laws and government regulations.

Notwithstanding anything to the contrary contained herein, nfs does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used), App and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. nfs takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

In the event the Software are not available due to apparent (or actual) default at nfs end or are rendered unusable, nfs may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you agree that nfs is not responsible and will not be held liable for any failure of intermediary services such as internet connectivity failure or telephonic disconnections.
The Subscription Services may be subject to certain limitations, such as limits on disk storage space, on the number of calls Users are permitted to make against nfs application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real-time information to enable User to monitor such User’s compliance with such limitations.

Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with End-Users contacted or managed through the Software and nfs shall have no liability or responsibility in this regard. nfs does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
nfs may provide End-Users with a free facility known as ‘Health Account’ on the App. The Health Account may include information provided by you through your use of the Subscription Services. The specific terms relating to such account are as below, without prejudice to the rest of these Terms of Use and the Privacy Policy:

End-Users’ nfs Health Accounts will display and contain the same information that was created by the End-User or provided by you. nfs is not in a position to validate the information and will not be responsible for any errors in or incompleteness of such information. You hereby represent and warrant that to the extent that you provide any such information, it is true and complete to the best of your knowledge.

By switching on the “Send to Health Account” setting or similar settings in the Subscription Subscription Services, you are granting an irrevocable right of ownership to the relevant End-Users to all the information sent to the Health Account.

For your patients and customers that are not referred to you by nfs, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned by you while using the Subscription Services. In case of any errors or changes in details you are required to inform nfs of the same as soon as you become aware of such errors or changes. For those patients and customers that are not referred to you by nfs, nfs is not responsible for verifying the accuracy or incompleteness of such persons’ details and shall not be liable for any errors in the same.

nfs may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while nfs investigates complaints or alleged violations of this Agreement, or for any other reason.
nfs reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements and providing analytics and business intelligence to third parties. On the basis of such information, nfs tries to make its Subscription Services more useful in following way:

  • Promotion of new Subscription Services
  • Analysing software usage patterns for improving Subscription Services design and utility
  • Analysing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings.
  • Users can use the rectification tools provided by nfs or contact nfs immediately for rectifications. Nfs shall bear no liability or responsibility in this regard.
  • nfs reserves the right to use the following types of information stored in our software:
    Practice information;
    Practitioner information;
    End-Users’ demographic information as anonymised form;
    End-Users’ information in relation to his health and history (in an anonymised form).

nfs automatically lists Practitioner information on its Subscription Services as per information added to a Practice using its Software. The information listed is displayed when End-Users search for Practitioners or Practices on nfs’ App, and this information listed on the Subscription Services may be used by End-Users to request for appointments. Such information on the Subscription Services may continue to appear even after the Practice removes the information from its Software or the Practice ceases to be a paying subscriber, or the Practice terminates its subscription or in any other way discontinues its relationship with nfs. nfs, on its own, does not list any Personally Sensitive Information of such Practitioners. nfs does not provide any ranking algorithm in relation to the listing made on the App. nfs reserves the right to list Practitioners who are not a party to this Agreement and the Practitioners who have subscribed to this Terms of Use are listed along with them. Thereon, nfs reserves the right to modify the listing of Practitioners on the App. In case Practitioner or Practice wishes to change or remove information as listed and displayed omits online platform, or disable appointment requests, the Practitioners or Practices can do so by using the options available on its online platform or its Subscription Services or by contacting nfs at nfs.fthm.app@gmail.com
The Subscription Services available by nfs accepts online appointment requests for all practitioners listed and displayed on the App. nfs intends to take all reasonable steps to duly inform Practices via phone and/or email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by nfs or when Practices do not read emails or text messages sent by nfs in timely manner. nfs shall have no liability or responsibility in this regard.

While nfs makes every possible effort to ensure a confirmed appointment for an End-User who requested an appointment on the Service, nfs does not guarantee that the appointments will be confirmed in all cases. Further, nfs has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time.
Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
nfs reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or App or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and nfs reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.

Additional Terms of Use

nfs lists only the Practitioners registered on the App and nfs reserves the right to display or to take down any listing, as applicable under the law.
By subscribing to nfs, the User agrees that any information shared by you with nfs or its affiliates, will be subject to our Privacy Policy as referenced in Section ‎5 below.
nfs reserves the rights to display the reviews or the recommendations of the User on the Practitioners, when you are looking for an appointment. However, nfs will not be liable for any inaccuracy or claims made on nfs.
nfs shall not be liable for any third-party claims arising under the applicable laws in relation to nfs and the Users and Practitioner(s) are advised to review and adhere to applicable laws and regulations in relation to applicable jurisdiction.
nfs will not be liable for accuracy or inaccuracy of information or the claims made in nfs. nfs will not be liable for the services provided by nfs Practitioners or for the content posted by Practitioners.
Your use does not constitute an explicit or implicit warranty or guarantee by nfs that you will receive any particular number of bookings, appointments, or enquiries from End-Users of nfs or otherwise. The Subscription Services merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘sponsored’ ranking, and is provided on an as-is basis.

Payment, Fees and Taxes

nfs may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at the sole discretion of nfs from time to time, shall apply.

If you purchase any subscription based paid ‘Service’, you authorize nfs to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise nfs to make such modifications to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.

You agree that the billing credentials provided by you for any purchases from nfs will be accurate and you shall not use billing credentials that are not lawfully owned by you.
The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable.

Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. nfs is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
nfs may make available an offline fee payment facility, supported by a third party vendor. nfs is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
All fees are exclusive of taxes. Statutory taxes as applicable are levied on every purchase.

The payment process would be considered to be complete only on receipt of the fees into nfs’ designated bank account. Fees not received within the specified due dates may attract late charges, and any such charges may be levied at nfs’ sole discretion.

nfs reserves the right to modify the fee structure by providing a thirty (30) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to nfs to such notice, nfs shall apply the modified fee structure effective from the expiry of the said notice period.

In order to process the fee payments, nfs might require details of User’s bank account, credit card number and other such financial information. Users are directed to check our Privacy Policy on the App, in order to understand how nfs uses the confidential information provided by Users.

Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period(s)/renewal(s) shall be generated ten (10) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with nfs intimating such User about expiration of the current subscription period and that the credit card of such User registered with nfs will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of Section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to nfs by the User within five (5) days of receipt of such intimation from nfs. In the absence of such intimation to discontinue the subscription, nfs shall be entitled to charge the credit card of the User registered with nfs on the day the current subscription period expires.
nfs shall send an intimation of receipt of fee from the Users through an email within seven (7) working days of receipt of fee into nfs’ designated bank account.

In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), nfs reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscription Service credits in Users’ Subscription Services account to zero (0) any time after seven (7) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscription Services to the User any time after thirty (30) days from the overdue date. (iii) delete all information in User’s account any time after ninety (90) days from the overdue date.

Fees and charges shall be calculated solely based on records maintained by nfs or its third-party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. The decision of nfs shall be final and binding in relation to any fees payable by Users.

You can cancel your access to the Subscription Services using any of the cancellation methods listed in the Terms of Use or by contacting our customer support by email at nfs.fthm.app@gmail.com. The one-time set-up fees shall not be refunded to the User.
nfs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you may be entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the non-refundable one time set-up fees as due prior to permanent discontinuation of the Subscription Services or upon the expiry of thirty-five (35) days from the date of your written notice to nfs. nfs shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are non-transferable, and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.

Collection, Use, Storage and Transfer of Personal Information
The terms “personal information” and “sensitive personal data” “sensitive personal information” are reproduced in the privacy policy (“Privacy Policy”) available on the App.

The Privacy Policy sets out:

The type of information collected from Users, including sensitive personal data or information
The purpose, means and modes of usage of such information; and
How and to whom nfs will disclose such information.
The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
Each Practice and its users of the Software will be responsible for obtaining explicit consent from their End-Users before storing any End-User information in Software.
nfs shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to nfs or any other person acting on behalf of nfs.
The use of the Subscription Services involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by nfs from Users as part of the registration process is described in the Privacy Policy.

The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s login or password, whether or not authorized by the User. The User shall immediately notify nfs of any actual or suspected unauthorized use of the User’s login or password. Although nfs will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to nfs or any other parties due to such unauthorized use.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or nfs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, nfs has the right to discontinue the Subscription Services to the User at its sole discretion.
nfs may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.

nfs collects and uses Users personal and demographics information in ways as stated in Privacy Policy that can be found on the App. nfs intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Privacy Policy. Any information provided by the User may be retained by nfs and used at its discretion after termination of this Agreement or expiry of a subscription by the User, and thereupon Agreement and Privacy Policy of the App shall be applicable to such information.

Covenants

nfs hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right to;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee (or End-User or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of Bahrain, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
violating or attempting to violate the integrity or security of the Subscription Services or any nfs Software;
transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by nfs;
intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tools, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by nfs;
copying or duplicating in any manner any of the nfs content or other information available from the Service;
framing or hotlinking or deep linking any nfs content;
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

nfs, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Section 6.2 above, shall be entitled to disable such information that is in contravention of Section 6.2. nfs shall be entitled to preserve such information and associated records for at least ninety (90) days for service on to governmental or investigative authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, nfs has the right to immediately terminate the access or usage rights of the User to the Subscription Services and to remove non-compliant information.
nfs may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates, and you hereby consent to such transfer.

nfs will transfer sensitive personal data or information to any other body corporate or a person in the Kingdom of Bahrain or located in any other country only if such transfer is necessary for the performance of the lawful contract between nfs or any person on its behalf and the User or where the User has consented to data transfer. nfs respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

Liability

nfs shall not be responsible or liable in any manner to the Users for any losses, damages, injuries or expenses incurred by the Users as a result of any disclosures made by nfs, where the User has consented to the making of disclosures by nfs. If the User had revoked such consent under the terms of the Privacy Policy, then nfs shall not be responsible or liable in any manner to the User for any losses, damages, injuries or expenses incurred by the User as a result of any disclosures made by nfs prior to its actual receipt of such revocation.
The User shall not hold nfs responsible or liable in any way for any disclosures by nfs under the Constitution of Bahrain 2002.

The Software provided by nfs or any of its licensors or providers are provided “as is”, “as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). nfs does not provide or make any representation, warranty or guarantee, expressed or implied about the Subscription Services. nfs does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, the nfs Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by nfs or any User in relation to any User or Subscription Services provided by such User.

nfs assumes no responsibility, and shall not be liable for ways in which End-User data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the End-User data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by nfs, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-Users.

The Subscription Services of nfs may be linked to the services of third parties, affiliates and business partners. nfs has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that nfs endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
nfs assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, the User’s sole remedy is to discontinue using the Subscription Services of nfs.

The Subscription Services may enable the respective User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized nfs representatives or agents, and their opinions or statements do not necessarily reflect those of nfs, and they are not authorized to bind nfs to any contract. nfs hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

In no event, including but not limited to negligence, shall nfs, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of nfs, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for the provision of, or failure to provide all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services.

In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate of the User’s subscription cost for one (1) month.

In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.

The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including End-Users’ comments and feedback. In no event shall nfs or the protected entities be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, nfs shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and nfs disclaims any liability for lost business or reputation of a User due to information, data or ratings that are available on the Service. nfs will, at its discretion, hold the sole right to display the listing order of the Practitioner and/ or Practices.

The reviews and the feedbacks are displayed by nfs at its discretion. You agree that nfs may contact you through telephone, email, SMS, or at your shared contact details for the limited purpose of:
Obtaining feedback in relation to the Subscription Services; and/or Obtaining feedback in relation to any Practitioners or Practices listed on the Service.

The protected entities and nfs will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in nfs Subscription Services made to you, or for any unauthorized interception of customer’s communications or other breaches of privacy attributable in part to the acts or omissions of customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with the Service.

Indemnity

The User agrees to indemnify and hold harmless, nfs, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. nfs will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Spamming
nfs has a zero-tolerance spam policy. nfs employs controls on user permission to receive Content from the Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, nfs’ policy on spam is clearly stated below:
Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
The sender of any message deemed to be “spam” is liable for BHD 500 (Five Hundred Bahraini Dinars) for each End User that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to nfs within thirty (30) calendar days of such transmission.

Term, Termination and Disputes
This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
The User can request for termination of his/her/its membership with nfs at any time by providing thirty (30) days’ prior written notice to nfs.fthm.app@gmail.com During this thirty (30) day notice period, nfs will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. nfs may require the User to continue his/her/its subscription until the completion or termination of an on-going Subscription Services or subscription period, should the situation warrant and at the sole discretion of nfs. The User shall be obligated to clear any dues with nfs for any of its Subscription Services For which the User has procured. nfs shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.

nfs reserves the right to terminate any account in cases:
A User breaches any terms and conditions of this Terms of Use or the Privacy Policy;
nfs is unable to verify or authenticate any information provided to nfs by a User; or
nfs believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for nfs, or are contrary to the interests of the Service.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Subscription Services under the same account, a different account or re-register under a new account, unless explicitly permitted by nfs. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other content kept on the Subscription Services by such User. The User shall ensure that he/she/it maintains has continuous backup of any User-provided content, data or information on the Service, in order to comply with his/her/its record keeping process and practices. Nothing contained in these Terms of Use shall restrict nfs’ use of the data or right to publish information made available by a User in the public domain through the Subscription Services or any other platform managed by nfs after the termination or expiry of a subscription or cessation of operation of these Terms in relation to a specific User.

Return of User’s Data: Upon request by a User made within thirty (30) days after the effective date of termination of a Subscription Services subscription due to non-payment, nfs will make available to the User for download a copy of such User’s Data in comma separated value (.csv) format or any other format as determined by nfs. After such thirty (30) days period, nfs shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription – Users Data will not be available after termination of subscription in such cases.
nfs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without the ability to access the Software, upon any breach by the User of this Agreement or if nfs is unable to verify or authenticate any information the User submits to nfs, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for nfs to provide the Subscription Services to the User.

Dispute Resolution

This Agreement is subject to the laws of the England & Wales and shall be construed & implemented, along with any dispute, controversy or claim (“Dispute”) arising thereof, accordingly. Any Dispute between the User and nfs hereto arising out of or in connection with this Agreement either during or after the Term hereof, shall be settled amicably by nfs and the User.
Should a settlement not be reached within ninety (90) days from notice of the Dispute, it is agreed that the Dispute shall be referred to arbitration and governed by the International Chamber of Commerce Arbitration Rules. The language of the arbitration shall be in English and the place of arbitration shall be the Kingdom of Bahrain.
Any arbitration award rendered in accordance with this clause ‎10.7 shall be final and binding on you.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Any amendment in these Terms shall replace all previous versions of the same.

Theft of Subscription Services

You agree to notify nfs immediately, in writing or by mail to nfs.fthm.app@gmail.com, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, nfs shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. nfs will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.

Misuse of the Subscription Services

nfs may restrict, suspend or terminate the account of any User who abuses or misuses the Subscription Services. Misuse includes creating multiple and/or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of these Terms of Use, or any other behavior that nfs, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, nfs has adopted a policy of terminating accounts of users who, in nfs’ sole discretion, are deemed to be repeat infringers of any Terms of Use even after being warned by nfs.

Miscellaneous

The obligations of the User are binding on their respective heirs, successors and assigns. In the event of amalgamation or merger with, take-over by another entity, the obligations of confidentiality shall continue to apply on the new or success or entity.
Headings in this Agreement are for convenience only and do not affect the interpretation of it.
If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Contact Us

If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at nfs.fthm.app@gmail.com
If a User has any questions concerning nfs, the Service, this Agreement, or anything related to any of the foregoing, nfs can be reached at the following email address nfs.fthm.app@gmail.com or via the contact information available on the App.