OUR TERMS AND CONDITIONS
We may amend these Terms from time to time as set out in clause 3. Please check these Terms to ensure you understand the terms that will apply at the time you enter into any transaction with The Scottish Hajj & Umrah Trust.
These Terms were most recently updated on 25th August 2015.
1.1 When the following words are used in these Terms, this is what they will mean;
1.2 “SHUT“: means The Scottish Hajj and Umrah Trust which is an independent Scottish charity, NO SC043648 registered in 2012.
1.3 “iMbrace“: means the iMbrace medical wristband by SHUT.
1.4 “Materials“: means any materials, documents, information, intellectual property or other assets belonging to SHUT.
1.5 “”Services“”: any services that SHUT provides to you through the use of iMbrace.
1.6 “Expert Travel Doctor“: the NHS certified GP practitioner carrying out or providing SHUT Services to Pilgrims.
1.7 “User“: means a Pilgrim who has officially registered for an iMbrace medical wristband and the services that SHUT provides through a SHUT verified Travel Agent, www.scottishhajjtrust.org or a Medical Support Officer registered with SHUT.
2. OUR CONTRACT WITH YOU
2.1 The Services and Products provided by SHUT. These are the terms and conditions on which SHUT supplies Services, Products or otherwise contracts with you. Please ensure that you carefully read these Terms and the terms and conditions.
2.2 SHUT does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use SHUT’s products or services.
3. CHANGES TO TERMS
3.1 SHUT may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how SHUT operates;
3.1.2 changes in relevant laws and regulatory requirements; and
3.1.3 where SHUT in its discretion deems a revisal necessary or desirable and notifies you of such a revision.
4. PROVIDING SERVICES
4.1 SHUT will not be responsible for any delays or lack of performance by it due to an Event outside Our Control. See clause 7.2 for SHUT’s responsibilities when an Event outside Our Control happens.
4.2 SHUT may have to suspend the Services if SHUT has to deal with technical problems, or to make improvements to the Services. SHUT will use reasonable efforts to minimise such times of suspension but SHUT will not be liable for any damage caused to the User during a time where services are suspended.
5. IF THERE IS A PROBLEM WITH THE SERVICES
5.1 In the unlikely event that there is any defect with the Services please contact and inform SHUT as soon as reasonably possible;
5.2 Please give SHUT a reasonable opportunity to repair or fix any defect on iMbrace and/or to contact the relevant Expert Travel Doctor and request that they carry out the required service and;
5.3 As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials that SHUT use are faulty. Advice about your legal rights is available in the UK from your local Citizens’ Advice Bureau.
6. OUR LIABILITY TO YOU
6.1 If SHUT fails to comply with these Terms, SHUT is responsible for loss or damage you suffer that is a foreseeable result of SHUT’s breach of these Terms or SHUT’s negligence, but SHUT is not responsible for any loss or damage that:
6.2 is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and SHUT at the time the user entered into this contract;
6.3 has been caused by an Expert Travel Doctor in his consultation, advice and diagnosis of the user’s medical condition;
6.4 is as a result of the diagnosis or treatment provided by a Medical Centre or Pharmacy within the Kingdom of Saudi Arabia;
6.5 is as a result of unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and SHUT’s obligations under law as a data controller, SHUT is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. SHUT reserves the right to withdraw or delete any information from our database at any time.
6.6 is indirect, incidental, punitive or consequential from the use of SHUT’s services
6.7 SHUT does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of SHUT.
6.8 SHUT does not exclude or limit in any way its liability for death or personal injury caused by SHUT’s negligence or the negligence of its employees, agents or subcontractors;
7. EVENTS OUTSIDE OUR CONTROL
7.1 SHUT will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond SHUT’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that materially affects the performance of SHUT’s obligations to you under these Terms:
7.4 SHUT will notify you; and
7.5 SHUT’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects SHUT’s performance of Services to you, SHUT will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
8. YOUR OBLIGATIONS
8.1 You undertake that:
8.2 all information you give to SHUT will be accurate and not omit anything of importance;
8.3 you will comply with all instructions and advice given to you by our Medical Support Officers;
8.4 if, following use of the iMbrace medical wristband and/or SHUT’s services, you are in any doubt, or have any concerns regarding any information or advice you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
8.5 you will comply with any instructions given in relation to any prescription given to you including in particular route, timing and dosages;
8.6 you will promptly report any side effects of any prescription to an Expert Travel Doctor;
8.7 you will protect anything prescribed to you and not permit any other person access to the prescription;
8.8 you will not use any prescription after its expiry date;
8.9 you will not register more than once with SHUT’s Services;
8.10 you will not register on behalf of any other person or answer questions or pretend to be any other person;
8.11 you will promptly notify SHUT if you are aware that any part of your medical record held within the database including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate; and
8.12 to help us protect the privacy and security of your information, you agree not to make independent recordings of consultations.
9. IMBRACE MEDICAL WRISTBAND
9.1 SHUT will not be liable or responsible for any technical or physical failure of the user’s iMbrace Medical Wristband.
9.2 SHUT will not be liable or responsible for any skin irritation, skin damage or illness caused by the wearing of the iMbrace Medical Wristband. Users are encouraged to maintain their iMbrace Medical Wristband through proper cleaning of the wristband throughout their pilgrimage.
9.3 SHUT will not be liable or responsible for any User who attempts to chew, eat or place the iMbrace Medical Wristband in their mouth and will not be responsible for any illnesses or diseases contracted through the improper use of the iMbrace Medical Wristband.
9.4 SHUT will not be liable or responsible for any User or persons in possession of an iMbrace Medical Wristband who is under the legal age of 18.
10. INTELLECTUAL PROPERTY
10.1 The content of SHUT’s website and iMbrace Medical Wristband is protected by copyright, trademarks, database right and other intellectual property rights.
10.2 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of SHUT’s services or iMbrace Medical Wristband. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or the iMbrace Medical Wristband made available to you by SHUT.
10.3 All content included in and on the iMbrace Medical Wristband such as text, graphics, logos, images, data compilations and software, is the property of SHUT or its content suppliers and protected by national and international copyright laws.
11. LICENSE AND IMBRACE MEDICAL WRISTBAND USE
This license does not include any resale or commercial use of the iMbrace Medical Wristband.
The iMbrace Medical Wristband may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. Any unauthorised use terminates the service provided by SHUT and you will be prosecuted by SHUT in court.
12. ABUSIVE USE
SHUT reserves the right to deny any user access to its Services in the event that the user is abusive or inappropriate to any Expert Travel Doctor or member of SHUT’s support team. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of SHUT and/or relative to typical usage patterns in the reasonable opinion of the SHUT. In the event of inappropriate or abusive use, SHUT reserves the right to terminate provision of Services to the user immediately.
13. SERVICES DESCRIPTION
SHUT attempts to be as accurate as possible in their description of the Services. However, SHUT does not warrant that descriptions of services is accurate, complete, reliable, current, or error-free. SHUT provides information on healthcare sites and maintains information from external providers over which SHUT has no control. SHUT is not responsible for the availability of medical centres and pharmacies within the Kingdom of Saudi Arabia.
14. HOW SHUT MAY USE YOUR PERSONAL INFORMATION
14.1 SHUT will use the personal information you provide to;
14.2 provide services;
14.3 comply with reasonable requests by regulatory bodies or as otherwise required by law or regulation;
14.5 provide information to your other healthcare providers; or
14.8 SHUT retains the right to use anonymised data for purposes including (without limitation) research.
14.9 Authorised members of SHUT may utilise your feedback for audit and quality monitoring purposes.
15. OTHER IMPORTANT TERMS
15.1 SHUT may transfer its rights and obligations under these Terms to another organisation, and SHUT will always notify you in writing if this happens, but this will not affect your rights or SHUT’s obligations under these Terms.
15.2 Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services supplied by SHUT, they are one set of terms and may only be accepted or declined in full
15.3 The Terms are the terms of the contract between you and SHUT. No other person shall have any rights to enforce any of the Terms.
15.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 If SHUT fails to insist that you perform any of your obligations under these Terms, or if SHUT does not enforce its rights against you, or if SHUT delays in doing so, that will not mean that SHUT has waived its rights against you and will not mean that you do not have to comply with those obligations. If SHUT does waive a default by you, SHUT will only do so in writing, and that will not mean that SHUT will automatically waive any later default by you.
15.6 The use of the iMbrace Medical Wristband for Hajj 2015 is the first implementation phase for the product under SHUT; therefore the use of iMbrace for Hajj 2015 implies that the user is testing the technology for iMbrace and the services provided by SHUT and the feedback and analysis gained from the implementation will be used for future developments of iMbrace and the services provided by SHUT.
15.7 These Terms are governed by Scottish law.
If you have any further queries you can contact us on the following:
Scottish Hajj and Umrah Trust
152 Bath Street
0141 280 8111
Scottish Hajj and Umrah Trust reserves the right to change the terms, conditions, and notices under which Scottish Hajj and Umrah Trust web site and software access is offered, including but not limited to changes associated with the use of the site now or in the future. You are responsible for regularly reviewing these terms and conditions.