TERMS AND CONDITIONS

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TERMS AND CONDITIONS

Introduction

 

These terms and conditions (the “Terms and Conditions”) apply to your use of our Afya Records platform (“the platform”) created by Afya Records (Kenya) Limited. It is important that you read these Terms and Conditions before you start using the platform. If you wish to get any clarification, please do not hesitate to ask reach us via info@afyarekod.com.

 

By clicking the “Accept” button on the platform, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

Our Platform

Our platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, documents, videos, or other material (“Content”) relating to your health and conversely make available this content to authorized health practitioners for use in the manner as shall be advised or restricted by our users.

You are therefore fully responsible for the Content that you post on our platform, including its legality, reliability, appropriateness and completeness. You are also responsible to ensure that the content is shared with authorized and bonafide health practitioners you wish have grant access to the content. We are not liable in any manner as to how the content shared with the health practitioners is to be used.

By posting Content on the platform, you represent and warrant that:

the content is owned and relates to you or to a person who has authorized you to upload it on their behalf and that you have the right to use it and the right to grant us the rights and license as provided in these Terms, and conditions

that the posting of your Content on our platform does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or entity.

 

Rights over the uploaded content

By posting on our platform you grant us the right and license to use the data, to the extent permissible by law, to create and share generate statistics, models or analysis relating to our user’s health and avail such statistics with other third parties.

Prohibited Uses

By using our platform, you agree not to use this plaform:

In any way that violates any applicable national or international law or regulation.

For the purpose of exploiting, harming, or attempting to exploit anyone.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate another user, or any other person or entity.

In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the platform, or which, as determined by us, may harm or offend or expose other users of this platform

infringe on any intellectual property of another

Use this platform in any manner that could disable, overburden, damage, or impair the platform or interfere with any other party’s use of the platform, including their ability to engage in real time activities through the platform.

Use any robot, spider, or other automatic device, process, or means to access the platform for any purpose, including monitoring or copying any of the material on the platform.

Use any manual process to monitor or copy any of the material on the platform or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of platform

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the platform.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the paltform, the server on which platform is stored, or any server, computer, or database connected to platform

Attempt to interfere with the proper working of the platform.

 

No use of Platform by Minors

The platform is intended for access and use by individuals of at least eighteen (18) years old. By accessing or using this platform you warrant and represent that you are at least eighteen (18) years of age and that you full authority, right, and capacity to enter into this agreement and abide by all of these terms and conditions

Accounts

When you create an account with us, you warrant to upload content that is accurate, complete, and current at all times. Inaccurate, incomplete, falsified or obsolete information may result in the immediate termination of your account on our platform.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur through the use of your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized access or use of your account.

You may not use as a username, pseudonym, the name of another person or entity or that is not lawfully available for use, is offensive, inappropriate, vulgar, obsene or is subject to any rights of another person or entity other than you

Data protection & confidentiality

All personal data collected from you from the use of the platform which includes: Email address, First name, last name, passport number, ID Number, address, Phone number, location details, computer’s Internet Protocol address (e.g. IP address), internet browser type, browser version, the pages of our platform that you visited, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data, type of device you used, your device unique ID, the IP address of your device, your device operating system and Cookies (files sent to your browser from a website and stored on your device to collect and track information and to improve and analyze the performance of our platform) shall be managed by us as per to the Data Protection Act, 2019.

We shall ensure that the data collected shall be stored and be kept confidential and as such, we shall protect and safeguard against the unauthorized use, disclosure, report, transfer or publication of the personal data collected. Any disclosures of the personal data shall be restricted to the availing of the personal data upon demand being made by mandated government agencies, the production of a court order or to our officers, agents subsidiaries and affiliates.

Receipt of notifications

By using our platform, you shall receive from us notifications, newsletters, marketing, advertising and or promotional materials and other information from the Platfrom or email. However, you may unsubscribe the receipt for such information by licking the unsubscribe link we shall have provided.

Intellectual Property

The platform’s content (excluding Content provided by users), features and functionality are and will remain our exclusive property. You are therefore not authorized to distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Equipment Malfunction

We do not represent or guarantee that access to the platform will be uninterrupted. You acknowledge that the platform may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including, but not limited to, technical difficulties with the performance or operation of our software, equipment or systems, traffic or technical difficulties with the Internet, or infrastructure failures such as damaged phone lines or interference with digital signals.

 

 

Fees and Charges

 

You agree to pay the any fees and any charges that may be levied in relation to the use of the platform and do authorize us to make automatic deductions of the fees and charges payable from your credit card or any other payment method as the case may be.

 

Feedback

As a user, you may provide us either directly at info@afyarekod.com or via any third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our platform (“Feedback”). You acknowledge and agree that:

you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

We may have development ideas similar to the Feedback;

The feedback does not contain confidential information or proprietary information from you or any third party

That we are not obligated to keep confidential the feedback provided.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

13. Access to other Web Sites

Our platform may contain links to third party web sites that are not owned or controlled by ourselves. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites.

14. Disclaimer of Warranty

We make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the content uploaded, shared, used or derived from our platform.

 

 

15. Limitation of Liability

To the extent permissible by law, our liability to you in relation to any claim filed against us, whether founded on contract or on tort shall not exceed the fees or charges levied by us on the user.

16. Termination

We may terminate or suspend your account and bar access to the platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to any breach of these Terms and conditions.

If you wish to terminate your account, you may simply discontinue using the platform.

18. Changes to the platform

We reserve the right to withdraw or amend our platform without notice. We will not be liable if for any reason all or any part of the platform being unavailable at any time or for any period. From time to time, we may restrict access to some all the entire parts of the platform to users

19. Amendments to these Terms and conditions

We may amend Terms at any time by posting the amended terms on this site and as such, we do recommend that you review these terms and conditions periodically.

By continuing to access or use our platform after any revisions become effective, you agree to be bound by the revised terms.

20. Waiver, Severability and entire agreement

Our failure to enforce any right or provision of these Terms and conditions shall not be considered a waiver of those rights. If any provision of these Terms and conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and conditions will remain in effect. These Terms and conditions constitute the entire agreement between us regarding our the use of our platform and supersede and replace any prior agreements we might have had in relation to the use of the platform.

17. Governing Law

These Terms and conditions shall be governed and construed in accordance with the laws of Kenya.

 

Last updated: 18^th May 2020.