This User Agreement describes the terms and conditions which you accept by using our website/Mobile Application or our Services. We have incorporated by reference some linked information..
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the “Website” which means the Websites/Mobile Apps operated by Shawir and available at: shawir.com and shawir.app and any of its regional or other domains or properties, and any related Shawir service, tool or application, specifically including mobile web, any iOS App and any Android App and any other Mobile App or Web App (“the Website” or “the Platform”) which is a platform that links users (the “Users” “you” or “Your) to their selected Experts (“Experts”) to provide them with billable consultations (the “Service”) through the Platform operated by Shawir (“Company” “us”, “we”, or “our”).
The present agreement sets out the terms and conditions for all users of the Website and Shawir platform.
Your approval to these terms & conditions is required to access and use the Website and the platform services.
By accessing the Website and/or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Website & platform
- 1. When you visit the Website or send us emails, you are communicating with us electronically. You consent to the receipt of electronic communications from Shawir, and agree that all agreements, notices, and other disclosures communicated to you by Shawir electronically (whether by electronic mail, by posting at the Website, or by other electronic means) satisfy any legal requirement that such communication be in writing.
- 2. Shawir reserves the right to amend these Terms at its sole discretion at any time by posting them on the Website. Changes shall automatically be effective upon posting. Shawir reserves the right to add, modify or remove any information and/or services from the Website at any time.
- 3. If for any reason you disagree with any changes, your sole and exclusive remedy is to cease or discontinue using the Website.
- 4. Communication shall happen whenever there’s a change in the Terms and Conditions and users shall accept the changes accordingly.
- 5. You must be at least 18 years of age to use the Website. By using the Website and by agreeing to these terms and conditions you warrant that you are at least 18 years of age.
- 1. Shawir is a Platform that enables access to a website which includes registration and informational purposes.
- 2. Shawir takes the role of an intermediary between the User and the Expert as such Shawir is not a contracting party between the User and the Expert and has no further obligations or liabilities and cannot be held in any way by the wrongful acts of the Expert or the User.
- 3. Experts registered to the Website are not employees of Shawir but are independent service providers using the Website to register and put their profile information.
- 4. Shawir does not refer you or endorse or recommend any particular Expert. Shawir shall not be liable for any wrongful acts or omissions from the Experts with respect to the messages or to the Experts’ consultations and answers.
- 5. The Website shall include, without limitation, the Shawir Website (Shawir.com and Shawir.app) and any and all scientific, technical, contractual, product, program, pricing, portals, news, educational materials, publications, guides, smartphone services, presentations, abstracts, marketing information and any other information available on the Website, including, data, personal information, text, software, music, sound, photographs, graphics, video, messages, and other materials (collectively referred to as the “Content”).
It is your sole responsibility to:
- 1. When you register as a User on the Website, you create your online account by entering your Mobile number, personal information and establishing a username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your mobile or Shawir passwords and accounts.
- 2. When you register on the Website, we ask for personal information such as your name, mobile number, email address, birth date, gender… Once you register and sign into our website, you are not anonymous to us.
- 3. The Website also automatically receives and records information on our server logs from your browser including your IP address, in addition to cookie information and the page you requested.
Control the dissemination and use of sign-in name and passwords if any;
Authorize, monitor, and control access to and use of your Shawir account, your mobile and password;
Promptly inform Shawir if you believe your account or mobile or password has been compromised or if there is any other reason you need to deactivate your account.
In case the password is lost or your mobile stolen, Shawir will block the account or transfer it to new account subject to user request and approval, user need to provide satisfactory proof of his identification.
You agree that any content you provide on the Website/Platform and your use of the Website shall not:
- 1. Be fraudulent or misleading;
- 2. Infringe any third party’s proprietary rights or rights of publicity or privacy;
- 3. Be illegal or violate any local law, regulation or ethical code;
- 4. Be competitive with Shawir or the Website;
- 5. Be defamatory or obscene;
- 6. Contain any viruses, or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
The Website gives you the ability to edit Your account information and preferences at any time.
You may terminate your account by deactivating it and notifying us on firstname.lastname@example.org
Shawir reserves the right at any time, without previous notice, for any or no reason and you agree to hold Us free from any liability whatsoever in case We:
- 1. refuse service to anyone,
- 2. modify and discontinue any portion or all of the services,
- 3. restrict, suspend and terminate Users’ accounts.
Shawir is not liable by any means for damages participating Users cause to the Expert or, other participating Users, or third parties. The Expert shall settle such affairs with the participating User directly.
Billing, reserve & refund
- 1. Experts must request to register on the Website to join the platform.
- 2. During the registrations’ review by Shawir team, Experts must provide official documents such as ID/Passport, copy of syndicate card, and copy of certificates and degrees in order to be able to access their accounts and start offering consultations and subject to Shawir approval.
- 3. Expert information retrieved or edited will be reviewed by Shawir before being posted to the public as such Shawir may remove information that are not relevant without any liability whatsoever.
- 4. Shawir team might ask for a physical interview if needed and might offer to help the Expert in editing the text and images until it matches the required quality standards.
- 5. In the case of a positive decision, the Expert will be approved of so that he/she can start receiving billed consultations from users on Shawir platform.
- 6. Experts can update editable parts of their Profiles at all times and such changes might be subject to review and amendment by Shawir before going public.
- 7. Experts will only provide answers to questions related to their field of expertise as specified in their profile.
- 8. Experts must provide the User with an answer to every question in an informative way.
- 9. Experts have, within the limits imposed or permitted by the applicable laws, the duty to report questions or answers that they deem to be spam, pervasive, harmful to certain Users or of a criminal nature.
- 10. Consultations should always follow the rules and regulations imposed by local authorities of the practicing Expert as such the User should make sure that these consultations are legal in the jurisdiction that the User adheres to; as such Shawir is not liable in any way for any kind of consultation that has been done through the Website.
- 11. The sale or advertising of any medical drug or weapon or illegal product or service in the jurisdiction that both the User and the Expert adheres to on the Website by any way or mean is strictly forbidden.
- 12. Any transgression of the above mentioned obligations may result in the removal of the Expert from Shawir and the banning from the Website.
- 13. It is illegal for Experts to share a User’s Personally Identifiable Information (PII) and/or consultation case with any third party unless the purpose is to discuss it with a colleague Expert for answering the consultation or in case of any court demand for the revelation of such information.
Billing, reserve & refund
- 1. Shawir has no access and does not save any credit cards’ information. Users will be redirected to the available payment gateways to proceed with related transactions.
It is up to the Experts to bill or not each chat consultation, depending on if they provided a final answer to the question or responded with a follow-up question.
- 2. Chat consultations are billed based on the pre-defined prices set on the Expert’s profile at the time of sending the question. We have no control on the Expert’s choice regarding the billing decision stated above; however, we limit the maximum amount the Expert can charge per consultation.
- 3. The User can cancel any question not answered by the Expert after a minimum of 1 hour of asking it or Expert did not respond and get fully refunded for the billed amount.
- 4. Shawir requires a commission for handling the connection and payment process. The commission will be added to the announced Expert Fees and upon the completion of the service.
- 5. Expert can issue withdrawal request once Expert wallet reached 100$, payment will be done via bank transfer or PayPal, Shawir may add additional new payment methods in future, all payment charges will be imposed by the Expert.
- 1. In case of a complaint reported by the User on a billed consultation, Shawir at its own discretion may decide to offer a refund after further investigation and analysis.
- 2. Credit refunds will be done only through in-app credits and Money refunds will be done only to the Original Mode of Payment.
Communication between Experts & Users – responsibility and liability
- 1. Users’ safety and privacy is our first concern; we do not disclose any personal data or consultation data to any third party.
- 2. Shawir will not sell or rent Your personally identifiable information to anyone.
- 3. Experts and Users might save conversations on their mobile devices or any other supports, if they wish to do so, for whatever reasons. Accordingly, they need to ensure the security of the device used, in order to protect their data.
- 4. The Expert needs to ensure the security of the device used. Which means Experts would need to protect the electronic device itself (such as by using a password lock) and establish an authentication system to verify the person.
- 5. Shawir relays messages over a secured and encrypted network.
- 6. Shawir saves the information of a consultation such as date, Expert name, duration, texts, and billing information.
- 7. It is solely Your responsibility to keep any chat information should you need it in the future.
- 8. Users can access reports regarding their consultation from their personal Shawir account.
- 9. Account password and critical information are encrypted in the database.
- 10. Shawir may analyse the messages relayed in order to provide a better service to the users.
- 1. Any consultation liability is restricted between the Users and the Experts
- 2. Shawir does not select Experts for or on behalf of users. Shawir simply connects users to their selected Experts. Selecting an Expert is the sole choice of the user and under his/her full responsibility.
- 3. Experts should not consult Users for consultations requiring physical examination. And should not treat emergency cases and should not proceed with high risk consultations or otherwise.
Report & Rate the experience
- 1. Shawir does not impose any response time from the Experts’ side on User’s consultation requests. It is up to the Expert whenever ready to consult.
- 2. Nevertheless, Experts set their availability schedules when registering and can update this information from their personal Shawir accounts.
- 3. Typical answer time of Experts: a registered Expert typically replies within a couple of hours to 48h. Shawir does not guarantee any reply/request acceptance.
- 4. In case the Expert didn’t answer a User consultation within 1 hour after the question is sent or Expert did not respond, the user can manually cancel the consultation and get fully refunded for the reserved amount.
- 5. Timing of the consultation is not pre-scheduled and happens as soon as Experts answer the User and initiate the e-consultation.
- 6. Expected waiting time: When sending a chat consultation, a short waiting time can be there as the Expert might be busy with another person or not within expert available time setup so please be patient.
- 7. Users and Experts can send messages in any language they want.
- 8. The Platform supports in-app voice, video, and text consultations.
- 9. Expert billing for the consultation is independent of any other actions happening outside of the platform.
Exclusion of warranties
- 1. Users & Experts have the right to report abuse or non-satisfaction. Shawir is not liable but will reserve the right to investigate and inform concerned parties of resulting actions
- 2. Shawir reserves the right to freeze or deactivate the account in case of abuse and non-accepted language/behaviour.
- 3. Shawir reserves the right to audit service offering by the Expert and might block or delete his/her account if found necessary. If service offerings fall below a predefined user rating, the Expert might be blocked/deleted without further notice.
- 4. After the fulfillment of a service, Users can write a review and rate the experience and the Expert using Shawir’s rating system. The aim of the rating system is to offer a better service. If User becomes aware of abusive rating, he should report them immediately to Shawir Support Team.
- 5. Rating happens right after a consultation is ended and billed. Shawir does not interfere nor influence the rating whatsoever.
This Agreement sets out the full agreement between the parties and supersedes any other commitments, agreements, representations, warranties or understandings, written or verbal, that the parties may have had with respect to the Premises.
Limitation of liability
Notwithstanding anything in this Agreement to the contrary, Shawir shall not have any liability under this Agreement, for:
- 1. Any punitive or exemplary damages.
- 2. Or any special, consequential, incidental or indirect damages, including lost profits, lost data, lost revenues and loss of business opportunity, whether or not the other Party was aware or should have been aware of the possibility of these damages.
Users and Experts hereto agree to indemnify and save harmless Shawir and including, where applicable, their respective associates, directors, employees, agents or any institutions facilitating Shawir solution (each such party being an “Indemnified Party”) harmless from and against and agree to be liable for any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, including any investigation expenses incurred by any Indemnified Party, to which an Indemnified Party may become subject by reason of the terms and conditions of this Agreement.
Liability of the Expert to participating customers (users) – Indemnification and liability
Should Shawir be prosecuted because of the Expert or the User action or omission to act, they the concerned party will help Shawir to defend any claims and sets Shawir free of any demands.
Applicable law & dispute resolution
This Agreement shall be governed by the UAE-Abu Dhabi laws. Any dispute arising in connection with this Agreement shall be first resolved by both parties through arbitration. In case no resolution can be reached through arbitration, such dispute may be referred to the UAE-Abu Dhabi Courts.
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
Shawir is not ensuring real-time communication and hence should be held harmless of any interruption of the network (like any loss or delay of data transmission due to network connectivity)
Shawir is the owner of all right, title, and interest in and to each of the Copyrights, free and clear of all liens and other adverse claims. All the Copyrights have been registered or are in the process of being registered and are currently in compliance with formal requirements, are valid and enforceable.
This Agreement was last modified on 24th March 2022.