Welcome to https://findadoctor.africa a website (the “Site”) and Find A Doctor mobile application (the “App”) provided by Co-create Health Limited (“we” or “Co-create Health”). This Terms of Use agreement (“Agreement”) governs your access to and use of, the Site’s and or the App’s information, profiles, materials, and other content (“Content”). Please read this Agreement carefully before using the Site and or the App. By choosing to use the Site and or the App you acknowledge that you have read this Agreement, the disclaimers and caveats contained in the Site and the App, and that you accept and will be bound by the terms thereof. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY Co-create Health TO ACCESS THE CONTENT OF THE SITE AND OR THE APP. If you do not agree to all of these terms and conditions of use, do not use the Site and or the App!
NO MEDICAL ADVICE
THE SITE AND THE APP PROVIDE NO MEDICAL ADVICE OF ANY KIND WHATSOEVER. By using the Site and or the App, you acknowledge and agree that Co-create Health is not providing you with any medical advice or with any advice regarding your doctor, hospital, or product choice. The Content of the Site and the App, including, but not limited to, text, graphics, images, or other information in any form, from any source, or of any kind is provided for informational purposes only. The Content is not, nor is it ever intended to be, a substitute for professional medical advice or professional recommendations, diagnosis, or treatment. Always seek the advice of your health provider(s) with any questions you may have regarding a medical condition or healthcare need. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE. DO NOT DELAY SEEKING PROFESSIONAL ATTENTION OR ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE OR THE APP.
DOCTOR’S, HOSPITAL AND PRODUCTS INFORMATION
Co-create Health is not responsible if the information made available on this Site and the App is not accurate, complete, or current. Co-create Health takes the initiative to verify information posted on this Site and the App for users who apply for verification, however, even when doctors, products, or information is marked as “Verified”, we are not still responsible for any inaccuracies or incompleteness of such information. Any reliance on the information on this Site and the App is at your own risk.
LISTING FEES
Listing fees for doctors, hospitals, and products are displayed on the pricing plans and shall be determined by Co-create Health from time to time. Displayed contents and features shall be determined by the pricing plan. Co-create Health reserves the right to amend the listing fees without any consultation.
REVISION OF TERMS AND CONDITIONS
We may revise and update this Agreement at any time. By continuing to use the Site and or the App after such revision or update, you acknowledge that you accept those changes as they are made, even if you choose not to review the Agreement every time you access the Site and or the App.
COPYRIGHT AND USE OF CONTENT.
The Content is protected by copyright under both the Republic of Kenya and foreign laws. At all times, Co-create Health and/or its licensors retain title to the Content. Any use of Content that is not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice, at Co-create Health’s discretion. Co-create Health reserves all rights unless expressly granted elsewhere. Co-create Health authorizes you to view or download a single copy of material found on the Site and the App as long as it is solely for your personal, noncommercial use. If you violate any terms of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Co-create Health will pursue its rights against such violators to the fullest extent of the law.
LIMITATION OF LIABILITY.
The use of the Site and or the App and the Content is at your own risk. When using the Site, information is transmitted through an imperfect medium outside of Co-create Health’s control. You agree that Co-create Health assumes no liability to you or any other party arising out of any delays, failures, interruptions, or corruption of any data or other information transmitted in connection with your access or use of, or your inability to access or use, the Site or the App or their Content. The Site the App and their Content are provided on a purely “as is” basis. Co-create Health HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Co-create Health makes no representation(s) or warranty(ies) about the accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DAMAGES WHATSOEVER BE THEY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THE SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THE SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation applies whether the claim for damages is based on warranty, contract, tort (including any intentional torts and/or negligence of any type), or any other legal theory. You agree that you will bring any claims against Co-create Health within one (1) year of the date the event first giving rise to such claim occurred. You agree that you waive any claim not brought within one year. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
USER SUBMISSIONS.
The personal information you submit to this Site and App is governed by Our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Our Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or Content of any type to the Site and the App that infringe(s) or violate(s) any rights of any party. By submitting communications or Content to the Site and the App, you agree that such submission is non-confidential for any purposes and that Co-create Health is free to use such information for any purposes. If you make any such submission, you agree that you will not send or transmit to this Site or App any Content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to this Site or App, you agree such submission is non-confidential for all purposes. If you make any submission to the Site or the App, you automatically grant—or warrant that the owner of such Content or intellectual property has expressly granted—Co-create Health a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and/or display the communication or Content in any form, and any forum. Co-create Health may sublicense its rights through multiple tiers of sublicenses. If you wish to present confidential information to this Site and or App, please email it to us via support@findadoctor.africa with a clear explanation that the content is confidential.
PASSWORDS
You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your passwords or accounts on this Site and or App. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your account and password on this Site and or App; (3) promptly inform the admin of this Site and App of any need to deactivate a password. You grant Co-create Health and all other persons or entities involved in the operation of the Site and App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and or the App. Co-create Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Site’s or App’s tools and services. We reserve the right to delete or change any password at any time and for any reason.
REVIEWS
If you post a doctor, hospital, or product review, you are solely responsible for the consequences of your review. Co-create Health is not responsible for the consequences of any reviews. Therefore, any review you post on this Site and or the App is at your own risk. Co-create Health does not adopt or endorse user reviews, as the reviews are purely the opinion of the posting user. Absent a court order, Co-create Health will not release your name or any personally identifiable information to any of your reviews other than the information publicly displayed on your review on this Site and the App. Please be aware that you are responsible for and potentially liable for, the reviews that you post on this Site and or the App. All reviews posted on this Site and or the App are subject to the following terms:
- You are expected to refrain from using any improper, obscene, harassing, vulgar, offensive, defamatory, or libelous language.
- You are not permitted to post any Content that infringes upon the legitimate proprietary rights of others.
- You are not permitted to post or upload materials (or hyperlinks) that contain unsolicited or unauthorized advertising or marketing, promotional materials, junk mail, spamming, chain letters, pyramid schemes, or the like.
- You are not permitted to pose as or impersonate another, nor are you permitted to allow any other person or entity to use your identification for posting or viewing Posts
- You are not permitted to post or upload materials (or hyperlinks) that contain viruses or that are coded in a way that might interrupt, disrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment. If you post a review:
- Any violation of these terms will be deemed a material breach of the Agreement. Co-create Health reserves the right (but is not obligated) to do any or all of the following:
- Investigate an allegation that a communication(s) does) not conform to the terms of this section and, in its sole discretion, remove the review(s).
- Remove reviews that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to the Site and the App upon any breach of these Terms and Conditions.
- Edit or delete any posting for any reason.
- Co-create Health disclaims all liability or responsibility to users of the Site ad or the App or any other person or entity for performance or nonperformance of the aforementioned activities
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.
This Site and App may provide links to third-party websites. This Site and App also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. This Site and App does not recommend and does not endorse the Content on any third-party websites. This Site and App is not responsible for the Content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Co-create Health does not endorse any product advertised on this Site or the App.
JURISDICTION.
You agree that the Courts of the Republic of Kenya have exclusive jurisdiction for any dispute with Co-create Health, or in any way relating to your use of the Site and or the App, and you consent to the exercise of personal jurisdiction in the courts of the Republic of Kenya in connection with any such dispute including any claim involving Co-create Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers. These Terms and Conditions are governed by the laws of the Republic of Kenya without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party To the extent that anything in or associated with the Site or App is in conflict or inconsistent with this Contract, this Contract shall govern. Co-create Health’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
COMPLETE AGREEMENT.
This Agreement constitutes the entire agreement between you and Co-create Health concerning the use of the Site and App and their Content.