Legal Notices

Definitions:a.       Account shall mean your user account created by Shamiri on the Platform after successful completion of the registration process.
b.       Authorized Representative (s) shall mean You or your authorised representative who is specifically authorized to register and access the Platform on your behalf.
c.       Business Day means a day, other than a Saturday, Sunday or public holiday in Kenya, when banks in Nairobi are open for business.
d.       Confidential Information includes:                  
i.            all information and materials disclosed orally or in any other form, regarding Shamiri’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to Shamiri’s and/or its affiliates’ software products or derived from testing or other use thereof.                  
ii.           all deliverables and all data, technical, product, business, financial, identity information and other information regarding Shamiri’s affiliates, customers, employees, investors, contractors,v endors and suppliers.
e.       Consultation shall mean the provision of expert medical advice and counselling by an individual licenced to provide such services in the Republic of Kenya.
f.       Mobile Application shall mean the Shamiri mobile application which is developed and designed to run on various mobile operating systems, for providing the Services
g.       Party shall mean, in relation to Shamiri, its representatives, agents, and any of their respective officers, directors, equity holders, staff, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors.
h.       Platform shall mean the digital platform having the tradename and brand name Shamiri, as operated and maintained by Shamiri and accessible via web browser or the Mobile Application or any other applicable means.
i.       Privacy Policy shall mean the Shamiri data policy as provided by us to you when you register for the ShamiriServices.  
j.       Services shall mean the services offered by Shamiri from time to time, including but not limited to provision of tele-health services.
k.       Third-Party Service Offerings means any software, hardware, services, and other Materials, in any form or medium, relating to the Services, that are not proprietary to Shamiri.
l.       Users refer to all individuals, institutions or organizations that access, download or use the Platform and who meet the criteria and conditions stipulated by Shamiri. If there exist other agreements for such entities as developers, distributors, marketmakers, and Digital Currencies exchanges, such agreements shall be followed. 1.       Nature And Applicability of TermsThese Terms and Conditions (Terms and Conditions)form a legal agreement between Shamiri Health Limited (Shamiri)and all Users of the Platform concerning your access to and use of Shamiri’s Services. Shamiri consists of telehealth platforms and infrastructure designed to connect individuals with participating physicians and other health care providers (Providers)via real-time interactive audio and video on the Platform for the purpose of providing the Services). While the Platform and the Services are intended to provide benefits such as convenient access to healthcare professionals, there do exist potential risks associated with use of the Platform and the Services, which are highlighted below in the Express Acknowledgements section. By using the Platform, you agree to these Terms and Conditions as a User. If you do not agree to these Terms and Conditions, you should immediately cease all use and access to the Platform. You are under no obligation to receive health care services via the Platform.2.      Access to the PlatformTo use the Platform, you will be asked to register an account and create login information, including a username and password. You must safeguard your login information that you use to access the Platform and you must not disclose this information to anyone.You are r esponsible for all activities that occur under your user account. You are responsible for exiting your user account completely and logging off at the end of each session. Please use caution when accessing your user account from public or shared computers. You must immediately notify Shamiri of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platform.3.      Express Acknowledgements3.1  By using the Platform,you acknowledge and agree to the following:
i)       The information you have provided to Shamiri in your registration is accurate and complete;
ii)      You have the legal ability and authority to enter into these Terms and Conditions;
iii)    You will comply with any and all laws applicable to your use of the Platform;
iv)    You will not interfere with a third party’s lawful use of the Platform;
v)      You will not interfere with or disrupt Shamiri’s or its vendors’ security measures including reverse engineering the application or Shamiri’s system; and
vi)    If any information you provide to Shamiri becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Shamiri.
3.2  the Users expressly understand, acknowledge and agree to the following set forth herein below:  
i)       You understand that thePlatform is not for emergency medical needs. If you experience any symptoms or problems that you believe to be a medical emergency, you should call your medical service provider or go to your nearest emergency room immediately;
ii)      You understand that there are potential risks associated with the use of telehealth services and the Services provided via the Platform, including:
a)      information available to Providers may not be sufficient to make a correct diagnosis or other medical decisions;
b)      there may be limitations to the Services that the Provider can perform via the Platform;
c)      Providers may not have access to full medical history if this has not been previously provided which may inhibit a Providers ability to effectively administer assistance on thePlatform;
d)      Providers may conclude that information transmitted is not sufficient or on some other basis that the nature of the medical issue is such that it does not allow for the Services to be provided appropriately by the Provider without an in-person evaluation;
e)      Users understand that the advice provided by the Provider is based on general medical conditions and practices prevalent in Kenya, to the best of their knowledge and ability, and not for conditions which are territory specific for regions other than Kenya, irrespective of where the User is procuring medical services or engaging in communication with the Provider;
f)       Telehealth relies on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or prevent our ability to assist patients. These limitations could result in an incorrect diagnosis, which in turn may lead to treatment that is not helpful, or that could be harmful to patients; or to adverse drug interactions, allergic reactions or other problems. Providers performing Services through the Platform are aware of these limitations and take them into account in making clinical decisions within the scope of their practice. Where necessary, these Providers will refer patients to in-person care;
iii)    Any communications that patientshave with Providers will be subject to doctor patient confidentiality and treated as such as per applicable laws, Shamiri policies, and subject to confidentiality;iv)    Users hereby agree to and grant consent to Shamiri’s team the right to audit consultations on the Platform for the purpose of improving treatment quality and other related processes;v)      You shall not use abusive language on the Platform. Shamiri reserves the right to deny Users access to the platform without any form of refund on report of use of abusive language;vi)    You agree and understand that interaction with the Provider on the Platform is subject to Kenyan laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder,at all times;vii)   You understand and agree to provide accurate information and will not use the Platform for any acts that are considered to be illegal in nature; andviii)  In some cases, applicable laws may prevent Providers from providing the Services you desire through the Platform. When that is the case, the Provider will refer you to an appropriate alternative provider who can provide the services you desire.  4.      User Identity Verification 4.1  Your registration of an account with Shamiri on the Platform will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering,terrorist financing, fraud and other financial crimes through Shamiri, or for other lawful purposes stated by Shamiri. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/orus from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address,contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.
4.2  You hereby expressly authorise Shamiri to use such documents, store and process such information to the extent permitted under applicable laws, Shamiri will also fetch documents and information pertaining to you in relation to the Services from the records maintained by third parties as part of the User verification process. Further details of the information / documents that we collect and the manner in which we use the information/ documents are detailed in our Privacy Policy available on our website, which forms part of these Terms and Conditions and shall stand incorporated therein. If these Terms and Conditions read with our Privacy Policy are not acceptable to you, please do not provide any of your information to Shamiri. However, in such event, we will not be able to provide you with the Shamiri Services or some parts of it, as may be applicable.
4.3  The details and/or documents requested on the Platform and the annexures attached to these Terms and Conditions are not exhaustive. Shamiri reserves the right to requisition and/or extract additional documents and / or details as may be deemed necessary by Shamiri in its sole discretion. In the event the details or documents submitted for creating an account, or for availing the Services, are incomplete or discrepant, Shamiri will request additional information / documentation through email / SMS sent to the email ID / mobile number as provided by you when you sought to register on the Platform. In case the discrepancies remain unresolved or if Shamiri is unable to successfully complete user verification in accordance with its policies, Shamiri shall have the right to reject your request for registration on the Platform and/or availing third Party service offerings.Shamiri reserves the absolute discretion to accept or reject your request for creating an account towards availing Shamiri Services, commerce offerings and any third-party service offerings, without assigning any reasons for the same.
AFTERREGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE. BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE SHAMIRI TO CONDUCT INVESTIGATIONS THAT SHAMIRI CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR SHAMIRI AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS.5.        Account Usage RequirementsYour Shamiri account can only be used by the account registrant. Shamiri reserves the right to suspend, freeze or cancel the use of Shamiri accounts on the Platform by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Shamiri immediately. Shamiri assumes no liability for any loss or damage arising from the use of Shamiri Account by you or any third party with or without your authorization.6.        Prohibited UsesIn using the Platform, you agree not to:
i)         send or otherwise transmit to or through the Platform any unlawful, infringing, harmful,harassing, defamatory, threatening, hateful or otherwise objectionable materia lof any kind, any material that can cause harm or delay to the Platform, its users or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
ii)        misrepresent your identity or affiliation in any way;
iii)      restrict or inhibit any person from lawfully using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform;
iv)      reverse engineer,disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing;
v)        gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform;
vi)      launch or use any automated system, including without limitation, “robots,” “spiders,” or“offline readers,” that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
vii)      send or otherwise transmit to or through thePlatform chain letters, unsolicited messages, so-called “spamming” or“phishing” messages, or messages marketing or advertising goods and services;
viii)   post, transmit or otherwise make available any virus, worm, spyware or any other computer code,file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
ix)      violate any applicable laws or regulations in any way;
x)         alter or modify any part of the content or services offered on or through the Platform;
xi)      allow any unauthorised person to use the Platform with your registration or login information;
xii)    breach or otherwise circumvent the Platform’s security or authentication measures; and
xiii)   assist or permit any persons in engaging in any of the activities described above. 7        Intellectual Property Rights and Content 7.1  Shamiri and/or its third-party technology vendors are the sole and exclusive owners of thePlatform, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platform andany related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. Shamiri and its third-party technology vendor reserve all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform.  
7.2  You may provide input,comments or suggestions regarding the Platform (Feedback). You acknowledge and agree that Shamiri and its third-party technology vendors may use any Feedback without any obligation to you and you hereby grant Shamiri and its third-party technology vendors a worldwide, perpetual, irrevocable,royalty-free, transferable license to reproduce, display, perform, distribute,publish, modify, edit or otherwise use such Feedback as Shamiri may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in their sole discretion. 8        External LinksThe Platform may contain links to third-party websites. Linked sites are not under the control of Shamiri, and Shamiri is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Shamiri endorses, sponsors, oris affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms and Conditions do not apply to other websites. Shamiri disclaims any and all liability for any information, including but without limitation, any medical and health treatment information included in linked sites.9        Indemnification and Limitation of Liability9.1  You agree to indemnify,defend and hold Shamiri, its trustees, officers, Staff, affiliates and agents harmless from and against any claims, actions, demands, losses, liabilities,damages, costs and expenses, including without limitation, reasonable advocate’s fees, arising out of your violation of these Terms and Conditions or related to:
(i)    your use of, or conduct in connection with, Shamiri Services
(ii)   your breach or our enforcement of these Terms and Conditions, or
(iii)  your violation of any applicable law, regulation, or rights of any third party during your use of Shamiri Services. If you are obligated to indemnify Shamiri,its affiliates, contractors, licensors, and their respective directors,officers, employees or agents pursuant to these Terms, Shamiri will have the right, in its sole discretion, to control any action or proceeding and to determine whether Shamiri wishes to settle, and if so, on what terms.
9.2  In no event shall Shamiri, its trustees, officers, staff, affiliates or agents be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary,punitive, or other damages (including, without limitation, those resulting from lost profits, lost or unavailable data, or business interruption) arising out of or relating in any way to the Platform or the provision of or failure to make available the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Platform is to stop using it.
9.3  No advice or information, whether oral or written, obtained by you from Shamiri, from our content, or which is otherwise available through the Shamiri Platform will create any warranty regarding Shamiri, third party service offerings, partner services or any service that is not expressly stated in these terms. You will use the Shamiri Services and use, access, download, or otherwise obtain our content, or other content available through Shamiri Platform,at your own discretion and risk. You assume all risk for any damage that may result from your use of or access to the Shamiri Platform,from your dealings with any third-party service providers, other members or partners and from your use of our content or other content available through Shamiri Platform.You acknowledge that Shamiri is solely a facilitator between you and third-party service providers. Shamiri expressly disclaims any liability for any errors or omissions in our content or analyses available through the Shamiri Platform.
9.4  Shamiri shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.  10     Confidentiality The Provider using the Shamiri platform shall have the following confidentiality obligations:
i)                   Provider agrees to keep confidential all Confidential Information;
ii)                  Provider shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person;
iii)                Provider agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of Shamiri and will not copy, duplicate, or in any manner reproduce any such copyrighted materials;
iv)                Upon request of Shamirior upon termination of the engagement between Shamiri and the Provider, the Provider shall promptly deliver to Shamiri any and all documents, notes, orother physical embodiments of or reflecting the Confidential Information(including copies thereof), if any that are in possession or control of the Provider;
v)                  Nothing will be construed as conveying to the Provider any right, title or interests or copyright in or to any Confidential Information; or to convey any license as touse, sell, exploit, copy or further develop any such Confidential Information;
vi)                The confidentiality obligations of the Provider as mentioned herein will survive termination or expiration of the Agreement. Shamiri has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation,injunctive relief and any other remedies as may be available at law or equity;and
vii)               Any non-disclosure agreement signed between Shamiri, and the Provider will remain effective,provided that its duration shall be extended coterminous with the Providers engagement. 11     DisclaimerThe Platform is provided on an “as is” and “as available” basis and without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.Shamiri does not warrant that the Platform will be uninterrupted or error free,that defects will be corrected or that the Platform is free of viruses or other harmful components.12     Choice of Law and JurisdictionThese Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws of the Republic of Kenya. 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.13     Personal Information and Privacy Policy  13.1  For information about how Shamiri handles personal information that is provided through the platform,kindly see Shamiri’s Privacy Policy. 13.2  Any and all modifications or changes to these terms will become effective upon publication on the Platform or release to users. THEREFORE, YOUR CONTINUED USE OFSHAMIRI SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES.If you do not agree to any changes to these terms, you must stop using Shamiri Services immediately. You are recommended to frequently review these terms to ensure your understanding of the Terms and Conditions that apply to your access to and use of Shamiri Services.13.3  Privacy PolicyThe privacy policy [www.shamirihealth.com ],Shamiri platform rules, and all other agreements entered into separately between you and Shamiri are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of Shamiri Services is deemed your acceptance of the above supplementary terms. 14     Modifications to these Terms and Conditions  14.1  Shamiri may, in its sole discretion, without prior notice to you, revise these Terms and Conditions atany time. Should these Terms and Conditions change materially, Shamiri will update the Effective Date noted above. The amended Terms and Conditions will also appear when the Platform is accessed by you, and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platform.
14.2  If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Platform and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Platform after such changes are posted, you agree and consent to allsuch changes.  15     Assignment  These Terms and Conditions are personal to You and Your Staff, and are not assignable, transferable, or sublicensable by You and Your Staff except with Shamiri’s prior written consent. Shamiri may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. 16     Notices If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Shamiri under the Terms and Conditions, please contact us through www.shamirihealth.com17     Force MajeureShamiri will not be liable for any delay or failure to perform as required by these Terms and Conditions occasioned by any cause or condition beyond Shamiri’s reasonable control 18     Contact InformationFor more information on Shamiri, you may refer to the company and license information found on Shamiri Platform. If you have questions regarding these Terms and Conditions, please feel free to contact Shamiri for clarification via our Customer Support team at +254 718292043

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