Last updated: October 12, 2022
Last updated: October 12, 2022
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.
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 Terms
These Terms and Conditions (Terms and Conditions)form a legal agreement between [Shamiri Research 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 Platform
To 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
4.3 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 Requirements
Your Shamirican 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 Uses
In 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 Links
The 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 Liability
9.1 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.
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.
The 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 Jurisdiction
These 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.
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.
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.com}
17 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 Information
For 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
Thank you for choosing Shamiri Health Ltd (“Shamiri”,“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy in accordance with the provisions of the Constitution of Kenya, 2010 and the Data Protection Act, No. 24 of 2019. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you voluntarily disclose to us
We collect personal information that you provide to us such as name, address, date of birth, gender, contact information, next of kin, medical history and other personal information that will assist us in providing our Services to you. We collect personal information that you voluntarily provide to us when seeking our Services, expressing an interest in obtaining information about us or our products and services, when participating in our activities or otherwise contacting us (the Services).
The personal information that we collect depends on the context of your interactions with us and the Services you seek from us or use. The personal information we collect may include the following:
Name and Contact Data. We may collect your first and last name, email address, postal address, phone number,billing address, information provided for the purpose of addressing questions and or complaints, and other similar contact data.
Medical History. We may collect data on your medical history in order to effectively provide the Services to you.
Credentials. We may collect passwords, password hints, and similar security information used for authentication and account access.
Information Automatically Collected. We automatically collect certain information when you visit us, use orseek our Services. This information does not reveal your specific identity(like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics,operating system, language preferences, referring URLs, device name, country,location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of Services, and for our internal analytics and reporting purposes.We may also obtain other information about you from external and other sources, such as public databases, joint marketing partners, social media platforms (such as Instagram), as well as from other third parties when you seek our Services through such external sources.All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
2. HOW DO WE USE YOUR INFORMATION? In Short:
We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and upon your consent.
We use personal information collected for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:
To effectively provide the Services to you. We require certain information in order to ensure the Services are provided in an effective manner beneficial to you.
To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies and other general correspondences between you and us.
To post testimonials. We post testimonials about that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, correct,or delete your testimonial, please contact us at [firstname.lastname@example.org] and be sure to include your name, testimonial location, and contact information]
To obtain Feedback. We may use your information to request feedback, provide functionality, analyse/measure our performance, fixerrors, and improve your experience and our effectiveness when you seek our Services.
To protect our Clients. We may use your information in our efforts to keep our services secure and safe as we work towards preventing and/or detecting any fraudulent activities that may occur when you use or seek our Services.
To enforce our terms, conditions and policies.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. We may use yourinformation for other Business Purposes, such as data analysis, identifying yourpreferences and usage trends, determining the effectiveness of our promotionalcampaigns and to evaluate and improve our Services and your experience.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? In Short:
We only share your personal information upon obtaining your consent, in accordance with applicable laws with regard to your rights, or to fulfil our obligations to you.
· Consent: We may process your personal information if you have given us specific consent to use your personal information in a specific purpose.
· Legitimate Interests: We may process your personal information when it is reasonably necessary to achieve our legitimate business interests.
· Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
· Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). More specifically, we may need to process your data or share your personal information in the following situations:
· Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets,financing, or acquisition of all or a portion of our business to another company.
· Third-Party Advertisers. We may use third-party advertising companies to serve ads when you seek our Services.These companies may use information about your visits to our website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
· Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
4. WHO WILL YOUR INFORMATION BE SHARED WITH? In Short:
We only share information with the following third parties. We may only share and disclose your personal information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices.If we have processed your data based on your consent and you wish to revoke our consent, please contact us.
6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
8. HOW LONG DO WE KEEP YOUR INFORMATION?
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
We aim to protect your personal information through a system of organisational and technical security measures.We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to us is at your own risk. You should only access the Services within a secure environment.
10. DO WE COLLECT INFORMATION FROM MINORS?
We do not collect data from minors
We do not knowingly collect or solicit data from minors without seeking the consent of their parents or guardians. By seeking or using our services, you represent that you are an adult or that you are the parent or guardian of such a minor that may need our services and consent to us processing the data of such a minor. Nonetheless, if we learn that personal information from minors has been inadvertently collected,we will take reasonable measures to promptly delete such data from our records.If you become aware of any data we have collected from a minor, please contact us email@example.com
11. WHAT ARE YOUR PRIVACY RIGHTS?
In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
Every person who in the course of seeking or using our Services provides personal information to us is entitled to the following rights:· the right to be informed of the use to which their personal information is to be put;· the right to access their personal data in our custody;· the right to object to the processing of all or a portion of their personal information where such information is inaccurate or such processing becomes unlawful or such information is pending verification;· the right to correction of false or misleading data; and· the right to deletion of false or misleading information.Every request/complaint from such a person may be directed to[firstname.lastname@example.org] who will advise on the request and/or complaint at the earliest opportunity without any undue delay.
13. DO WE MAKE UPDATES TO THIS POLICY?In Short:
Yes, we will update this policy as necessary to stay compliant with relevant laws.
IN CONSIDERATION of accessing Shamiri’s Services (the Services):
1. I ACKNOWLEDGE, agree, and represent that I understand the nature of the Services and that I have no ongoing clinical trial or clinical issues outstanding that would prevent me from participating in any Service provided by Shamiri. I further agree and warrant that if, at any time,I believe the conditions to be unsafe, I will immediately discontinue further use of the services.
2. I FULLY UNDERSTAND that there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and i fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my accessing of these Services.
3. I HEREBY RELEASE, DISCHARGE,AND COVENANT NOT TO SUE Shamiri, its administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, rescue personnel, sponsors, advertisers, owners and lessees of Premises on which the Services are conducted, (each of the forgoing shall be considered one of the releasees herein) from all liability, claims, demands, losses, or damages on my account caused, or alleged to be caused, in whole or in part by the negligence of the releasees or otherwise, including negligent provision of services; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity I, or anyone on my behalf, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS RELEASE IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING,SHALL CONTINUE IN FULL FORCE AND EFFECT.