Effective May 2022 These Terms of Service are entered into by and between You and WASFATEC PORTAL L.L.C. | WASFATEC HOLDING LIMITED, (“WASFATEC” “We” “Us” or “Our”). WASFATEC provides You with a downloadable mobile application (the “App”) that enables a User to have prescription medications dispensed and delivered directly from the Pharmacy (the “Services” or “Service”). WASFATEC partners with a wide network of licensed and authorized pharmacies by local health authorities, that will be solely responsible for filling prescriptions, dispensing, and delivering medications (“Pharmacy” or “Your Pharmacy”). By downloading the App, providing Your cellular telephone number, creating an account as a User of the Services, or by otherwise Using the Services, You become a “User” (“You” or “User”) and You agree to comply with and be bound by these Terms of Service (this “Agreement”). This Agreement applies both to Users who are individual account holders, as Well as Users who sign up to manage family member/ Child/dependents accounts (see Section 9, below). WHILE YOU SHOULD READ THE ENTIRE TERMS, PLEASE NOTE IN PARTICULAR: YOU AGREE THAT WE MAY SEND YOU SMS (TEXT), PUSH, OR IN-APP NOTIFICATIONS REGARDING HEALTHCARE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO (I) PRESCRIPTION REMINDERS, REFILL REMINDERS AND AUTO REFILL SERVICES, (II) DOSES REMINDERS ; AND (III) APP AVAILABILITY MESSAGES (IV) USER’S AUTHENTICATION. IF YOU DO NOT WISH TO RECEIVE SUCH MESSAGES, DO NOT ENROLL IN OR USE THIS SERVICE. YOU MUST RE-LOG IN AGAIN IN CASE YOU CHANGED YOUR CELLULAR TELEPHONE NUMBER. YOU MUST KEEP YOUR PHONE PRIVATE AND SECURE TO PROTECT YOUR PHI (PROTECTED HEALTH INFORMATION). YOU ACKNOWLEDGE AND AGREE THAT MEDICINE HOME DELIVERY SERVICES ARE PROVIDED THROUGH WASFATEC PARTNERS THAT ARE LICENSED AND AUTHORIZED PHARMACIES BY LOCAL HEALTH AUTHORITIES, AND THAT WASFATEC IS NOT A PHARMACY NOR COURIER AND DELIVERY COMPANY. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORIZATION TO ORDER PRESCRIPTION DELIVERY SERVICES FOR THE BENEFIT OF A RECIPIENT ON WHOSE BEHALF YOU ARE USING THE SERVICES. ALL INFORMATION WE COLLECT ON THE SERVICES IS SUBJECT TO OUR PRIVACY POLICY. BY USING THE SERVICES, YOU CONSENT TO ALL ACTIONS TAKEN BY US FOR YOUR INFORMATION IN COMPLIANCE WITH THE PRIVACY POLICY. IN USING THE SERVICES, YOU AGREE THAT WHETHER YOU ARE THE RECIPIENT OR NOT, YOU ARE THE PERSON FINANCIALLY RESPONSIBLE FOR THE SERVICES. YOU MUST NOT USE THE SERVICE IF YOU ARE UNDER 18. WASFATEC may change this Agreement at any time by providing You with in-app message, or push notification notifying You of the change and its effective date, and providing a link to the changed Agreement; if You continue Use of the Service after the effective date of the change, You will be deemed to have agreed to the changed Agreement. THIS AGREEMENT IS LEGALLY BINDING; PLEASE READ IT CAREFULLY. If You do not agree with this Agreement, You are prohibited from Using the Service. 1.REGISTRATION If You register as a User, You represent and warrant to WASFATEC and Your Pharmacy that: (a) You are of legal age to form a binding contract; (b) You will provide WASFATEC with accurate, current and complete registration information; (c) You are the owner or authorized User of the wireless device You Use to subscribe for the Service; (d) You are authorized to approve and will be responsible for any applicable charges from Your carrier; and, (e) Your registration and Your Use of the Service will comply with all applicable laws. YOUR PRIVACY All information that You provide to Us or that We collect through Your Use of the Services is subject to our Privacy Policy found on our Websites and applications. By Using the Services, You consent to all actions taken by Us concerning Your information in compliance with the Privacy Policy. THE SERVICES The Services enable a User to have prescription medications delivered directly from the Pharmacy to an address that the User determines. The recipient may be the User, the User’s family member or dependent, or someone else for whom the User has the authorization to have prescribed and ordered items delivered by Pharmacy under agreement with WASFATEC. YOU ACKNOWLEDGE AND AGREE THAT MEDICINE HOME DELIVERY SERVICES ARE PROVIDED THROUGH WASFATEC PARTNERS THAT ARE LICENSED AND AUTHORIZED PHARMACIES BY HEALTH AUTHORITIES, AND THAT WASFATEC IS NOT A PHARMACY NOR COURIER AND DELIVERY COMPANY. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORIZATION TO ORDER PRESCRIPTION DELIVERY SERVICES FOR THE BENEFIT OF A RECIPIENT ON WHOSE BEHALF YOU ARE USING THE SERVICES. IN USING THE SERVICES, YOU AGREE THAT WHETHER YOU ARE THE RECIPIENT OR NOT, YOU ARE THE PERSON FINANCIALLY RESPONSIBLE FOR THE SERVICES. We reserve the right to withdraw or amend the Services, and any service or material We provide in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Service Content is unavailable at any time or for any period. Our Services are dependent on Pharmacy hours and their ability to deliver medications. From time to time, We may restrict access to some parts of the Services, or the entire Services, to Users, including registered Users. You are responsible for both: Making all arrangements necessary for You to access the Services. Ensuring that all persons who access the Services through Your internet connection or for You are aware of these Terms of Service and our Privacy Policy and comply with them. To access the Services, You may be asked to provide certain registration details or other information. It is a condition of Your Use of the Services that all the information You provide on the Services is correct, current, complete, and that You are authorized to disclose such information. You agree that all information You provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with our Privacy Policy. OWNERSHIP OF THE SERVICE WASFATEC is the owner of all rights, titles, and interests, including all proprietary rights, in the Service. All of the software, text, images, marks, logos, and other content Used or embodied in the Service (collectively, the “WASFATEC Materials”) are proprietary to WASFATEC or to third parties. The marks “WASFATEC®”, “WASFATEC™”, and other marks associated with the Service are registered or unregistered trademarks of WASFATEC. This Agreement does not grant to You, and You do not obtain, any right or license in or to any of those marks. LICENSE TO USE THE SERVICE WASFATEC authorizes You to Use the Service, to log in, and Use the WASFATEC mobile Application (the “App”). Subject to the terms of this Agreement, WASFATEC grants You a limited, revocable, non-exclusive and nontransferable license in the United Arab Emirates to (a) Use the App for Your personal, non-commercial Use on a mobile phone, or tablet controlled by You (“Device”); and (b) access and Use the Services and Content made available on such Devices through the Services, strictly in accordance with these Terms of Service. You may not remove any copyright, trademark or other proprietary notices that have been placed in the WASFATEC Materials. Except as expressly permitted by this paragraph, You may not modify, copy, redistribute, republish, upload, post, transmit, or otherwise exploit in any way the Service or the WASFATEC Materials, or any portion thereof, without the prior written permission of WASFATEC. Any recompilation, reverse engineering, reverse compiling, disassembly, translation or reduction of the software in the WASFATEC Materials to human-readable form is prohibited, except to the extent otherwise permitted by applicable local law. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to You. You do not acquire any ownership interest in the App under these Terms of Service or any other rights about the App other than to Use the App per these Terms of Use and the license granted in these Terms of Service. All other rights are expressly reserved for WASFATEC and its licensors. Collection and Use of Your Information. You acknowledge that You also may be required to provide certain information about Yourself as a condition to Using the App or certain of its features or functionality, and the App may provide You with opportunities to share information about Yourself with others. All information We collect through or in connection with this App is subject to our Privacy Policy. By Using and providing information to or through this App, You consent to all actions taken by Us concerning Your information in compliance with the Privacy Policy. GENERAL RESTRICTIONS You will comply with all applicable laws and with WASFATEC’ and Your Pharmacy's published User policies relating to the Service. In connection with Your Use of the Service, You will not: (a) impersonate any person or entity; (b) forge or manipulate headers to disguise the origin of any communication sent Using the Service; (c) damage, impair, interfere with or disrupt the Service or its functionality; or (d) engage in any other conduct that restricts or inhibits any other person from Using or enjoying the Service, or which, in WASFATEC sole judgment, exposes WASFATEC, WASFATEC’ affiliated companies, or any officer, director, employee or agent of any of them (collectively, “WASFATEC Related Parties”), or Your Pharmacy, to any liability or detriment of any type. You will not submit, upload to, or distribute through the Service any material that: (i) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; or, (ii) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party. WASFATEC and Your Pharmacy reserve the right to keep records of Use of the Service. YOUR SECURITY OBLIGATIONS By Using the Service, You are making Your personal information, in the form of Your prescription history and activity, viewable on Your mobile phone. In order to protect Your privacy, You must comply with the following obligations: You must keep Your mobile phone and the information on it secure, including password-protecting Your phone. Do not share Your Username or password to the Service with others. You are responsible for all Use of the Service through Your account. If You change Your cellular telephone number, You must update Your information on Your WASFATEC profile Do not Use the Service with a device that is shared with others, as Your health and personal information could be shared with those individuals through the shared device. MINORS We are committed to protecting the privacy of children. The Service is not directed at Users under the age of 18. If You are under the age of 18, You are not permitted to register as a User, submit personal health information or other personal information to WASFATEC, or Use the Service. FAMILY MEMBERS/ CHILD/ DEPENDENTS (AS APPLICABLE) Users of the Service can add family member accounts, such as accounts for the prescriptions of the User’s children. If the primary User wishes to manage accounts that have already been created, the primary User may add family members to their account. A parent or guardian User may Use the Service to manage prescriptions family member(s). The parent or guardian assumes full responsibility for ensuring that the registration information is kept secured and that the information submitted is accurate. To link one or more family accounts to Yours, You will need to upload his/her/their Emirates ID into Your App identification details section. SPECIAL TERMS FOR LOCATION-BASED SERVICES Location-based services are made possible through technology integrated into many mobile devices. Functions of the Service that provide services based on Your current location will not function as intended if location-based services are disabled on Your device or not available for any other reason. By Using location-based features of the Service and enabling location-based services, You consent to the transmission of information regarding Your current location and the Use of that information for the purposes of the Service and waive any privacy-based objection to Use of Your location. Even when location-based services are enabled on Your mobile device, Your device may inaccurately identify Your location or make other errors. You Use maps and location-based services at Your own risk. You realize that You will need to Use Your own judgment in relying on the information on Your mobile device. PAYMENT DETAILS On this App, We do not store, hold, or keep any sensitive payment details. Your payment will be accommodated on a payment hosting page that is managed and powered by a KSA based online payment processing gateway partner and their vetted and approved third-party vendor portal (Pointcheckout). This ensures that Your information is Used only as necessary and is only accessible to complete the financial transaction for the Service You have requested on the App. If any of Your payment information is compromised in any way, We would strongly advise You, in all circumstances to contact and report the matter to Your bank or financial institution with whom You have the relevant account. In the event of any unfortunate circumstances, We will respond to any queries and guide You in the best way possible. Please be aware, that although We undertake all measures to avoid Your information being compromised there is always a risk that information can be stolen and manipulated. We would therefore always encourage You to regularly follow the guidance from Your bank and/or financial institution to minimize the risk of information being capable of being stolen. By providing a credit card or other payment method that We accept, You represent and warrant that You are authorized to Use the designated payment method and that You authorize Us (or our third-party payment processor) to charge Your payment method for the total amount of Your Order or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). Your Order may be suspended or canceled if the payment method cannot be verified, is invalid, or is otherwise not acceptable. You must resolve any problem We encounter in order to proceed with Your Order. You can change and update payment information associated with Your Wasfatec account at any time by logging into Your account and editing Your payment information. You agree to pay all charges and rates – for Your purchases – in effect at the time of Your order, and You authorize Us to charge Your chosen payment provider and Your payment method for any such amounts upon placing Your order. REFUND/REPLACEMENT/RETURN POLICY Refund, Return and/or Replacement will be subjected to Your Pharmacy policy. If Your Pharmacy approves a Refund request; the Refund of which will be done only through the original mode of payment upon verification and approval by Us within 5-14 working days as the following time frames: If the mode of original payment of the approved Refund request was Online payment; You will receive the Refund directly from Us within 5 working days. If the mode of the original payment of the approved Refund request was Cash on delivery or Card on delivery, You should receive the Refund within 14 working days from Your Pharmacy. In any circumstance of Refund, Return and/or Replacement, We highly encourage You to contact Us via : Writing to Us at Support@wasfatec.com Chatting with Our team on Wasfatec App. Calling Us on 045230955 MODIFICATIONS/UPDATES AND INTERRUPTIONS We reserve the right to change, modify, update, or remove the contents of the WASFATEC mobile application at any time or for any reason at our sole discretion without notice. Furthermore, We have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the App. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notifying You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or Use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY The Service is a source of information, but it does not provide medical advice nor is it a replacement for the advice of a qualified healthcare professional. The Service is designed to supplement, not replace, the methods You Use to obtain medications and fill prescriptions at Your Pharmacy, and You remain at all times solely responsible, in consultation with Your Pharmacy and healthcare provider, for managing Your medications, Your prescriptions and Your medical conditions. By agreeing to provide the Service to You, WASFATEC is not accepting any responsibility for management of Your medications or Your relationship with Your Pharmacy or healthcare provider. In no event shall WASFATEC be liable for any damage or injury, including, without limitation, any death, pain or suffering, psychological or bodily injury, that You suffer, or that You cause to any third party, in connection with Your Use of the Service or any activity You take or fail to take in connection with Your Use of the Service. You agree to indemnify and hold harmless WASFATEC, WASFATEC Related Parties and Your Pharmacy from and against any and all losses, damages, liabilities, costs and expenses incurred in connection with or arising from Your Use of the Service. WASFATEC and Your Pharmacy will not be liable for any delays or failures in Your receipt of any SMS message or other electronic communications scheduled to be delivered by the Service, as delivery is subject to effective transmission from Your network operator and processing by Your mobile device. Electronic communications sent Using the Service are sent Using standard text and data protocols and any illegal interception or manipulation of data by a third party will not be the responsibility of WASFATEC or Your Pharmacy. WASFATEC and Your Pharmacy are not responsible for any data charges You may incur from Your wireless carrier in connection with the Use of the Service, and You shall pay any such charges. Without limitation of the foregoing, the Service and WASFATEC Materials are provided in “AS IS” condition, and WASFATEC, Your Pharmacy, and WASFATEC Related Parties EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE WASFATEC MATERIALS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE WASFATEC MATERIALS, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE WASFATEC MATERIALS. No advice or information, whether oral or written, obtained by You from WASFATEC, Your Pharmacy, any of WASFATEC Related Parties or through the Service or WASFATEC Materials will create any warranty not expressly stated herein. YOU USE THE SERVICE AT YOUR OWN RISK, AND WASFATEC, YOUR PHARMACY, AND WASFATEC RELATED PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. IN THE EVENT THAT THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES WITH RESPECT TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE LAST SUCCESSFUL TRANSACTION. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM WASFATEC, YOUR PHARMACY, OR WASFATEC RELATED PARTIES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR WASFATEC MATERIALS, EVEN IF WASFATEC, YOUR PHARMACY, OR WASFATEC RELATED PARTIES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. MONITORING, ENFORCEMENT, TERMINATION, AND SUSPENSION WASFATEC or Your Pharmacy may suspend or terminate Your right to Use the Service at any time for any reason. The Service is also subject to termination in the event that Your wireless service terminates or lapses. Neither WASFATEC nor Your Pharmacy shall have liability to You with respect to any termination or suspension. WASFATEC or Your Pharmacy reserves the right to modify the format or features of the Service at any time. We have the right to: Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized Use of the Services. Terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service. Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS WASFATEC L.L.C., WASFATEC, AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WASFATEC L.L.C. AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WASFATEC L.L.C., OR LAW ENFORCEMENT AUTHORITIES. However, We do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. APPLICABLE LAW AND JURISDICTION You, WASFATEC, and Your Pharmacy agree that all matters arising from or relating to the Use and operation of the Service will be governed by the substantive laws of the United Arab Emirates without regard to its conflict of laws principles. You are responsible for Your compliance with all local laws, and in no event will You Use the Service or WASFATEC Materials in violation of the United Arab Emirates laws or regulations. DISPUTE RESOLUTION Any legal action of whatever nature brought by either You or Us shall be commenced or prosecuted in the state and federal courts located in KSA. INDEMNIFICATION You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Use of the App; (2) breach of these Terms of Use; (3) any breach of Your representations and warranties set forth in these Terms of Use; (4) Your violation of the rights, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other User of the App. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclUsive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with our defense of such claims. We will Use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. NON-DISCRIMINATION In accordance with the KSA Federal civil rights law WASFATEC programs do not discriminate based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, or military status. MISCELLANEOUS PROVISIONS Neither WASFATEC nor Your Pharmacy shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond WASFATEC’ or Your Pharmacy's reasonable control. No delay or omission by WASFATEC or Your Pharmacy in exercising any rights occurring upon any noncompliance or default by You with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by WASFATEC or Your Pharmacy of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. As Used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You, Your Pharmacy, and WASFATEC regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You may not transfer, sublicense or assign this Agreement, or any rights hereunder, to any third party. You agree that the electronic text of this Agreement constitutes writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes.