SIDC Lebanon — Mobile Services

Terms and Conditions

Effective date: 30 October 2020  ·  Version 1.0

The general legal terms and conditions governing the use of SIDC mobile application services, operated by SIDC — Health Care Association.

1. Definitions

The Association
the association named “Health Care Association”, licensed by the Lebanese Ministry of Interior and Municipalities under number 9/AD dated 18/01/1992 and residing in Sin el Fil – Matn. It is also referred to as SIDC, the abbreviation of its French name “Soins Infirmiers et Développement Communautaire”.
HYPE
the name/trademark and its relevant logo, created by the Association.
AMAD
the name/trademark and its relevant logo, created by the Association.
HYPE Application
the application owned and managed by the Association and named HYPE (by AMAD), also referred to as the App.
The Services
the services provided by the Association through its offices and centres and through the HYPE Application (see section 3).
Beneficiary
any natural adult person, of any nationality or gender, who uses the Services of the Application, or only accesses the Application, or uses the Application for any reason.
Administrator (“Admin”)
the natural person assigned by the Association to carry out the tasks of supervising the Application and chatting with Beneficiaries.
Data protection and confidentiality policies
the conditions, cookies policies, privacy policies, and the protection, confidentiality and ownership of information policies and similar policies related to the Application.

2. Overview and the Association’s strategy

This document sets out the general legal terms and conditions governing the use of the HYPE Application (along with the other documents mentioned and referred to here and linked to this document), without prejudice to any legal provisions, contracts or other documents signed by the Beneficiary that govern the relationship of the parties. Its purpose is to enable the Beneficiary to access the Services provided by the Association through the Application.

The Association’s strategy for achieving its goals can be summarised as follows:

  • respecting and protecting human and gender rights;
  • reducing stigma and discrimination;
  • reducing gender disparities and inequalities;
  • promoting youth-led activities;
  • continuously providing care and services as much as possible;
  • empowering and engaging vulnerable populations;
  • research and development;
  • policy and law reform;
  • networking and partnerships.

3. The Services and health care providers

The Services provided through the Application are free of any charge. Beneficiaries can learn about and benefit from awareness-raising on a wide range of topics and from guidance on how to reach further services. The Services include, by way of example:

  • harm reduction and testing related to sexually transmitted diseases, HIV/STIs and sexual and reproductive health and rights;
  • mental health services, psychosocial support, counselling, education and follow-up, including referral;
  • online and field outreach, awareness through social media and applications, mobile-unit and street outreach and preventive activities;
  • specialised training for different parties, and advocacy to enable an open environment free of stigma and discrimination towards marginalised and vulnerable persons.

These Services aim to increase the ability of individuals, groups, families and key population communities to regain control over their lives.

Important noticeSince we are a private association, we may not be able to serve all Beneficiaries’ requests and needs. Any medical examinations, tests and/or consultations of any kind are at the sole responsibility and liability of the Beneficiary. The Association may give general advice and then refer the Beneficiary, as needed, to the competent medical and scientific entities — through this Application the Association plays a directive and informative role only.

Communication takes place through the chat service with the Admin. The Beneficiary acknowledges that an Admin may not always be available, and may need to try again until an Admin is free. In all cases, the Admin has the right at any time and for any reason, even if unjustified, to end the chat with the Beneficiary immediately and without prior notice.

The Application and/or the Admin may conduct short drop quizzes in order to better understand the needs of Beneficiaries; these are not binding and the Beneficiary may decline them. At the end of a chat, the Beneficiary may be asked some questions to determine the extent of the benefit received from the Services.

The use of the Application is subject to the Privacy Policy. By using the Application, the Beneficiary confirms that he has read all the Application’s policies and terms and agrees to them without reservation.

4. Privacy and data protection

HYPE is highly committed to protecting the confidentiality of the Beneficiary’s personal information. How the Application collects, stores, uses, protects and discloses personal information — including chat content, cookies, confidentiality and ownership of Data, and contact preferences — is set out in full in the Privacy Policy, which forms an integral part of these Terms and Conditions.

When using this Application the Beneficiary is bound by the Application’s data protection terms and policies. If the Beneficiary does not agree to them, or to any of them, for any reason, he should stop using this Application.

Read the HYPE (by AMAD) Privacy Policy →

5. Network access and Beneficiary devices

The Beneficiary is solely responsible for obtaining the internet and communication services necessary to use and benefit from the Services. The Beneficiary alone bears his mobile network’s data and messaging rates and fees if he accesses or uses the Services from a wireless-enabled device.

The Beneficiary is solely responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and the Application, and any updates to them. Neither the Application nor the Association guarantees that the Services, or any part of them, will function on any particular hardware or device.

In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications; neither the Application nor the Association shall be liable in any way for these.

6. Prohibited conduct

The Beneficiary must not misuse this Application. The Beneficiary undertakes NOT to:

  • commit or encourage any criminal offence through the Application;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
  • hack into any aspect of the Service;
  • introduce corrupt data or cause annoyance to other users and Beneficiaries;
  • infringe the proprietary rights of any other person;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities accessed through this Application.

Breaching this provision constitutes a criminal offence, and the Application and/or the Association will report any such breach to the relevant law enforcement authorities and disclose the Beneficiary’s identity to them.

This Application is for the Beneficiary’s personal, non-commercial use only. The Beneficiary may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data-mine or sell any content, software, products or services contained within this Application.

The Beneficiary may not use this Application, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on his own website. The Beneficiary agrees that he is personally responsible for his use of this Application and for all of his communication and activity on it.

If the Association and/or the Admin determine that the Beneficiary is or has been engaged in prohibited activities, or was not respectful of other users and Beneficiaries, or otherwise violated these Terms and Conditions, the Admin may deny him access to this Application on a temporary or permanent basis.

7. Beneficiary age, requirements and conduct

The HYPE Application and its Services are not available for use by persons/minors under the age of 18. Any Beneficiary who accesses the Application must confirm that he is above the age of 18; any liability of whatever nature arising from wrong information in this respect is borne solely by the Beneficiary, and the Association reserves its rights in this respect.

The Beneficiary may not authorise third parties to use his name or device. The Beneficiary agrees to comply with all applicable laws when using the Services and may only use the Services for lawful purposes. The Beneficiary’s use of the Services must not cause nuisance, annoyance, inconvenience or damage to any other party.

SIDC and/or the Admin may ask the Beneficiary at any time to provide proof of identity in order to access or use the Services, and the Beneficiary acknowledges and agrees that he may be denied access to, or use of, the Services if he refuses to provide proof of identity.

Exceptionally and at SIDC’s full discretion, some parents or guardians may be given access to use the Services for their children (persons under the age of 18). Parents or guardians undertake to guard their children’s privacy.

8. Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to the Beneficiary on or through this Application remain the property of the Association or its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved by the Application and its licensors.

The Beneficiary may store, print and display the content supplied solely for his own personal use. The Beneficiary is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to him or appearing on this Application, and may not use any such content in connection with any business or commercial enterprise.

9. Disclaimer and limitation of liability

The liability of the Association and/or the Application for any and all damages arising out of or relating to this Application, or producing any effect for any third party, shall not exceed, for any reason whatsoever, the amount of LBP 100,000 (Lebanese Pounds one hundred thousand only).

Accordingly, by accessing and using the Application the Beneficiary irrevocably waives any right, claim, or material or moral compensation, or any amount exceeding LBP 100,000, for any reason whatsoever and without reservation.

In all cases, the Association and the Application shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use or data, or damage to goodwill or reputation, arising out of or related to the use of, inability to use, performance of, or failure of this Application or any linked sites and any materials posted on them, irrespective of whether such damages were foreseeable and whether they arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

10. Indemnification by the Beneficiary

The Beneficiary agrees to indemnify and hold harmless the Association and the Application, and their respective directors, officers, employees, agents and other representatives, from and against all claims, liabilities and expenses, including all legal fees and costs, arising from or relating to (a) the Beneficiary’s breach of these Terms and Conditions of use; and (b) the Beneficiary’s use of this Application, including the transmission or placement of information or materials by the Beneficiary on this Application.

11. Changes to the Services

The Association and/or the Application have the right, in their absolute sole discretion, at any time and without notice, to amend, remove or vary the Services, or any of them, and any part or feature of this Application.

12. Invalidity of a provision

If any part of these Terms and Conditions is unenforceable, the enforceability of the other parts is not affected and all other clauses remain in full force and effect. So far as possible, where any clause, sub-clause or part of a clause can be severed so as to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the Beneficiary agrees that the clause shall be rectified and interpreted in a way that closely resembles the original meaning of the clause or sub-clause, as permitted by law.

13. Waiver of rights

If the Beneficiary breaches any of these Terms and Conditions and the Association takes no action, the Association remains entitled to use its rights and remedies in any other situation where the Beneficiary breaches these Terms and Conditions.

14. Communication with Beneficiaries

SIDC/HYPE may occasionally contact users and Beneficiaries by post, email, telephone call or SMS with details of changes in legal and regulatory requirements, or of other developments that may be relevant to the Services provided, where the Association considers it useful and without being obliged to do so.

If the Beneficiary does not wish to receive such information, he must inform us as indicated under “Contact us” below.

15. Complaints and contact us

We are pleased to address Beneficiaries’ complaints as soon as possible in accordance with our system. Please send your complaints and comments to:

Emailinfo@sidc-lebanon.org
Telephone+961 1 482 428 · +961 1 480 714
Mobile+961 70 591 029
MailSin el Fil – Youssef Karam St. – Daou Bldg., First floor – P.O. Box 55391, Sin el Fil, Lebanon

16. Governing law and binding language

Lebanese law applies exclusively to everything relating to disputes about the Application, about these Terms and Conditions and their interpretation, and to any disputes that may arise between Beneficiaries and the Association. The Lebanese courts have exclusive and absolute jurisdiction.

These Terms and Conditions were drafted in the Arabic language. Any translation into another language is not binding, and in case of any contrast or difference between the Arabic text and its translation, only the Arabic text is relied upon.