Terms of Use

Welcome to WITTOSIS!

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM

These terms tell you the rules for using our website www.wittosis.com and mobile application software known as WITTOSIS (together, our Platform).

These terms together with our Privacy Policy and Cookie Policy set out the agreement between you and MMK Tech Labs W.L.L. By using our Platform, you confirm that you have read, fully understand, and accept these terms of use and our policies and that you agree to comply with them. If you do not agree to these terms, you must not use our Platform, either as a visitor or as an account holder.

Who we are and how to contact us

Through our Platform we aim to provide a forum for people facing similar mental health challenges to meet with each other, share their experiences, recommendations, insight and understanding for such issues and generally support each other. We do this by enabling people to share their personal health experiences, thoughts and feelings on the main wall of our Platform that is available to all users, via community groups which are microsites on our Platform, and via private one to one chats with other users.

Our Platform is operated by MMK Tech Labs W.L.L (we, us and our). We are a private limited company registered in Bahrain with registration number 165719 - 1 and have our registered office at Unit 53, Building 2415 Road 2831, Block 428 Seef District, Kingdom of Bahrain.

To contact us, please email us at info@wittosis.com or you can call us on (+973) 17008500.

Age Requirements

Our Platform is not available to individuals below the age of 18. If you are under this age you must not use our Platform. If we become aware that you are under 18 and using our Platform, we will terminate your user account and issue bans to your device.

Medical advice

The content of our Platform or of any other platforms, sites or apps linked to our Platform, must not be taken or construed as any sort of medical advice or other professional opinion or advice and should not be treated as a substitute for appropriate professional advice. Even if another user appears to be a medical professional, they are not in a position to undertake a physical or any sort of examination or understand your full medical history through our Platform. Therefore, you should always speak to a doctor or other health professional about your condition and/or treatment or changes to your condition and/or treatment. We make absolutely no representations or warranties or provide any guarantees or endorsements of any kind about the users or the content on our Platform.

In an emergency always dial your local or national emergency telephone number or direct yourself to your nearest emergency department. Never delay seeking medical advice or treatment or dialing emergency services because of something that you have read on our Platform.

Your Privacy

If you use our Platform, other than for just viewing the content, it is likely that this will involve sharing information about your health experiences, feelings and symptoms. Please read our privacy policy carefully in order to fully understand what data we collect, how and why we collect it and how we process your data.

You may choose to register with an anonymous username, although please note that any information or experiences you share may carry some risk of revealing your true identity to other users.

We may make changes to these terms or to our Platform

We will amend and update these terms from time to time. Every time you wish to use our Platform, please check our terms to ensure you understand the terms that apply at that time. If you are not happy with our amended terms you should stop using our Platform.

We may also update and change our Platform from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our Platform

Our Platform is currently made available free of charge. We reserve the right to charge a fee for access to or use of our Platform in the future. You will be given prior notice in the event we find it necessary to charge a fee for use of our Platform and if you do not wish to pay such fee you will be able to end your use of our Platform and delete your account.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason our Platform or any part of it is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms and other applicable terms, policies and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement. You cannot transfer your rights or obligations under this agreement to a third party without our prior written consent.

Users of this Platform

This Platform, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates (each, a Permitted Territory). By continuing to access, view or make use of this Platform and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Platform and any related content and services.

Our Platform is available for domestic as well as commercial use.

For example, certain users of our Platform may register an account as doctors, medical practitioners, health professionals or life coaches. We do not verify the identity of these users and whether what they claim is true, accurate or correct. Neither do we verify or endorse or make any representations or warranties about, the content they upload on our Platform, and we shall not be held liable in any way responsible in that respect.

Commercial use may include, but is not limited to:

· promotion or advertising of a company, a product, a service or a website;

· self-promotion, including of a personal cause or digital content or a service;

· promotion of a research opportunity; or

· recruitment of participants for a study or a project.

The commercial use of our Platform is currently free of charge but we reserve the right to charge a fee in the future.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@wittosis.com. Notwithstanding any other terms pertaining to our right to disable or block access to your account, we reserve the right to disable or block your account at any time where it is suspected that unauthorised access has been made.

Acceptable Use

How you may use material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited uses

You may not use our Platform:

· In any way that breaches any applicable local, national or international law or regulation.

· In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

· For the purpose of harming or attempting to harm any person in any way, also harming yourself

· To bully, insult, intimidate or humiliate any person.

· To post illegal, unlawful or unethical content or hate speech.

· To post spam scams and phishing content.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards. (See Below)

· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

· In any way that involves sexual exploitation or abuse or grooming.

· To upload terrorist content.

You also agree:

· Not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these terms of use;

· Not to re-register a new account after you have been banned from our Platform;

· Not to allow any third party to use your account;

· Not to access without authority, interfere with, damage or disrupt:

· any part of our Platform;

· any equipment or network on which our Platform is stored;

· any software used in the provision of our Platform; or

· any equipment or network or software owned or used by any third party.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. This includes using (or permitting, authorising or attempting the use of):

· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same.

· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Interactive services

We may from time to time provide interactive services on our Platform, including, without limitation:

· Video-sharing facilities.

· Chat rooms.

· Bulletin boards.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

Content Standards

We prioritize a safe and respectful community. There is no tolerance over content which does not comply with our Content Standards.

These content standards apply to any and all material which you contribute to our Platform (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. There is no tolerance over content which does not comply with our Content Standards.

We will determine, in our discretion, whether a Contribution breaches or is likely to breach the Content Standards and shall have the right to delete any Contribution if thought appropriate in our sole and absolute discretion, suspend or terminate a user’s account or report a user to the appropriate authorities.

A Contribution must:

· Be accurate (where it states facts).

· Be genuinely held (where it states opinions).

· Comply with the law applicable in Bahrain and in any country from which it is posted.

· Not purport to be or be represented as health, medical or any other form of advice.

A Contribution must not:

· Be defamatory of any person.

· Be obscene, abusive, offensive, threatening, duplicitous, hateful or inflammatory. This includes anything that could reasonably offend or upset others.

· Bully, insult, intimidate or humiliate.

· Advocate grooming behaviours including requests for contact off or on our Platform, requests for personal information, sexual solicitation or comments.

· Endeavour to persuade users into doing something that could be damaging or harmful; include unsafe content in relation to self-harm and suicide, including, but not limited to, explicit means or methods, graphic descriptions (including images), concrete plans, suicide notes.

· Promote cures or advice for illnesses, anti-vaccination advice, manipulate contents to mislead users by distorting the truth of events, misinformation or post content that originates from disinformation campaigns.

· Promote sexually explicit material.

· Include sexual abuse material, child pornography or generally pornographic content.

· Promote violence or self harm.

· Include any political views or views which are likely to promote unrest, disagreement or a breach of this policy, or any content which is not directly related to mental health issues;

· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any copyright, database right or trade mark of any other person.

· Be likely to deceive or scam any person.

· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

· Promote any illegal content or activity.

· Be in contempt of court.

· Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

· Be likely to harass, upset, embarrass, alarm or annoy any other person.

· Impersonate any person or misrepresent your identity or affiliation with any person.

· Give the impression that the Contribution emanates from us or anyone else if this is not the case.

· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism or other illegal activity.

· Contain any advertising or promote any services or web links to other sites or platforms, without our prior written consent.

For the avoidance of doubt, for any Contribution in the form of video content:

· You must tell us immediately, if you upload a video containing any of the following: criminal material (relating amongst other things to terrorism, sexual exploitation of people, pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).

· You must not upload a video containing harmful material or restricted material.

· You must not upload a video containing advertising, and in particular in respect of any of the following:

· cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or

· for alcoholic drinks; or

· drugs.

· Any Contribution included in a video you upload must not:

· prejudice respect for human dignity;

· include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

· encourage behaviour prejudicial to health or safety;

· encourage behaviour grossly prejudicial to the protection of the environment;

· cause physical, mental or moral detriment to people;

· directly exhort any person to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

· directly encourage any person to persuade their parents or others to purchase or rent goods or services;

· exploit the trust of such persons in parents, teachers or others; or

· unreasonably show any person in a dangerous situation.

· You must use the functionality provided on our Platform to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

· You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

Do not rely on information on this Platform

The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, correct, complete or up to date. We do not verify the identity of our users or their professional qualifications, if any, or if who they are or what they claim to be is true, accurate, correct and not misleading.

We are not responsible for websites we link to

Where our Platform or communications with you contain links to other sites or apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those platforms or resources and you should review their terms and conditions and relevant policies before using those platforms. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.

Uploading content to our Platform

Our Platform may include information and materials uploaded by other users of the Platform, including to social media pages, video-sharing platforms, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in these terms.

You warrant that any such Contribution does comply with these terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or of their right to privacy.

We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in these terms.

If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact us at info@wittosis.com.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our Platform, you grant us the following rights to use that content:

· a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided through our Platform and across different media including to promote the Platform or the service forever;

· a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes or in accordance with the functionality of the Platform, forever.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use appropriate virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit an offence under the laws of Bahrain. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such behaviour, your right to use our Platform will cease immediately.

Rules about linking to our Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

Our Platform must not be framed on any other Platform, nor may you create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our Platform other than that set out above, please contact us at info@wittosis.com.

How to complain about or report content

If you become aware of any material that could comprise or be connected to sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, or that is not in compliance with the content standards and these terms, please contact us immediately at info@wittosis.com and type the word “URGENT” in the subject of your email.

If you wish to report or complain about any other content, please contact us at info@wittosis.com or you can call us on (+973) 17008500.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of the agreement with us upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

· Immediate, temporary or permanent withdrawal of your right to use our Platform.

· Immediate, temporary or permanent removal of any content or Contribution uploaded by you to our Platform.

· Issue a warning to you.

· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

· Further legal action against you.

· Disclosure of such information to law enforcement authorities as we consider necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we deem appropriate.

Our responsibility for loss or damage suffered by you

· We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

· In case you use our Platform for any commercial or business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

· If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing correctly to follow installation instructions or to have in place the minimum system requirements advised by us.

· You must not rely on the information on our Platform or on information provided by other users directly or through their Contributions. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information, products, services or images contained in our Platform. Any Contributions from users, any information which contains health advice, information or recommendation about health or medical practitioners, should not be relied upon. The fact that we have allowed the relevant content on our Platform should not be taken as an endorsement or a recommendation of any kind. Your use of any or all information on our Platform must be based on your own due diligence. Any reliance you place on such information is strictly at your own risk. Any information on our Platform must not be used as an alternative to medical advice from your doctor or other professional healthcare provider. To the extent that you require medical advice, you should consult your doctor or other professional healthcare provider. We disclaim all liability and responsibility arising from any reliance placed on such Contributions, content or materials posted by any visitor to Our Site, by any account holders, or by anyone who may be informed of any of its contents.

· We do not pre-screen or monitor (but we reserve the right to do so) user-generated content, including private messages and communications between users or results procured by users and therefore we do not endorse (and we expressly disclaim any and all liability in connection with) any content or any other materials uploaded or exhibited or otherwise exploited by users. We reserve the right at our sole discretion to remove any content of any kind at any time. You hereby consent to any such removal and waive any claim against us arising out of removal of content. We shall not be responsible for any failure or delay in removing any user-generated or other content.

· In respect of our right to monitor our Platform’s content, by using our Platform you acknowledge and consent to our monitoring. You expressly agree to waive any rights of confidentiality that you may have in, and to, your communications (if any) when using our Platform and you agree that you have no expectation of privacy in any of those communications.

· To the fullest extent permitted by law, we and any individual person connected to our Platform and any party involved in creating, producing or delivering our Platform hereby exclude:

· all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and

· any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of our Platform or websites linked to our Platform, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

You are responsible

You are responsible for everything you post in all areas, including to your profile, comments, and replies, which are publicly accessible.

You agree to indemnify, keep indemnified defend and hold us, and our officers, directors, employees, agents, suppliers and third party partners harmless from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these terms, including, without limitation, the submission of any inaccurate or incorrect information.

General

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but deletion shall not affect the validity and enforceability of the rest of these terms.

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Except as expressly provided in these terms, the rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.

Which country's laws apply to any disputes?

These terms are governed by the laws of Bahrain. Any dispute arising from, or related to, these Terms of Use or our agreement shall be subject to the exclusive jurisdiction of the courts of Bahrain.