Terms and Conditions
Terms
By accessing this platform, you are agreeing to be bound by these platform Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this platform. The materials contained in this community/ platform are protected by applicable copyright and trade mark law. By using the Services, you agree to these Terms, whether or not you are a registered member of the Kemi Health care Community. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services! Account Registration You must register an account with the Kemi Health care Limited to access all of the Services. Registration requires you to provide us with your name, email address, Age, Mobile number, Occupation and other information specified in the registration form ("Registration Information. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. Use of the Services The Services are intended for women. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. TELESERVICES BY USING THE TELESERVICES FACILITATED BY KEMI HEALTH CARE LIMITED, YOU CONSENT TO THE SELECTED TELESERVICES YOU CHOOSE TO USE AND TO THE PROVIDER OF SUCH TELESERVICES. SUCH CONSENT INCLUDES YOUR AUTHORIZATION FOR THE SELECTED TELESERVICES, INCLUDING WITHOUT LIMITATION THE USE OF CERTAIN REMOTE-ACCESS COMMUNICATION FEATURES/FUNCTIONALITY (SUCH AS VIDEO, TEXT, OR AUDIO), INFORMATION AND RECORDS FOR DELIVERING THE SELECTED SERVICES IN COMPLIANCE WITH APPLICABLE LAW. EMERGENCIES YOU AGREE THAT THE SERVICE IS NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. a. Sharing Information. Kemi health care can share the information it gets from you with your healthcare provider (if you’ve specified one) or anyone else you’ve chosen or authorized to receive this information, as further described in our Privacy Policy. Choosing the selected Teleservices through the Kemi health care platform shall be deemed your authorization for Kemi to share such information with such healthcare provider, Kemi health care and as otherwise set forth in these Terms of Service. b. Tele-medicine, which uses licensed medical doctors specializing in primary care, obstetrics, and/or gynaecology to address pre-conception, pregnancy, and fertility issues. c. Please note that the Teleservice healthcare provider may use social workers, nurse practitioners, or other licensed personnel to provide or supervise call-based, video-based, or textbased Teleservices as part of the Teleservice, which may include (without limitation) medical referral or emergency call-based services.] d. Teleservices Restrictions. Without limiting any other restrictions set forth in these Terms, you shall refrain from any abusive, dangerous, or threatening behavior when using the Service. Kemi healthcare reserves the right to immediately terminate your access to or use of the Service if, in its sole discretion, such behavior is exhibited. Kemi healthcare has the right to contact emergency services to the extent it, in its sole discretion, Kemi healthcare believes that you pose an imminent threat of harm to yourself, to property or to another person. e. Records. Notwithstanding anything to the contrary herein, Kemi healthcare or the applicable provider of the Teleservices will retain medical records with respect to your use of Teleservices for the duration of any contract it has with an applicable Enterprise Customer and thereafter as required by applicable law, and provide you access thereto in accordance with applicable law. f. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. g. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Naira and are non-refundable. h. Price. Kemi healthcare reserves the right to determine pricing for the Service. Kemi healthcare will make reasonable efforts to keep pricing information published on the Software Service up to date. We encourage you to check our website periodically for current pricing information. Kemi healthcare may change the fees for any feature of the Service, including additional fees or charges, if Kemi healthcare gives you advance notice of changes before they apply. Kemi healthcare, at its sole discretion, may make promotional offers with different features and different pricing. These promotional offers, unless made to you, will not apply to your offer or these Terms. i. Authorization. You authorize Kemi healthcare or a third party payment processor to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Kemi healthcare, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Kemi healthcare or a third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If we use a third party payment processor, such as [Third Party Payment Processor], their use of your personal information is subject to their applicable terms of service and privacy policy. For [Third Party Payment Processor], those terms are available at [Terms]. j. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Kemi healthcare to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service via a functionality of the Software Service or by contacting us at: [e-mail address]. k. Cancellation Fees. Teleservices are subject to certain cancellation fees, as disclosed via the Software Service. Such cancellation fees will be owed if you miss a scheduled session, and fail to provide the required advanced notice, as communicated to you in advance. l. Delinquent Accounts. Kemi healthcare may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, nontransferable and non-sub licensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("Kemi Healthcare Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Kemi Healthcare Content, or Kemi Healthcare Community properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable. The Kemi Health care Platform may contain links to third-party websites or resources which are not part of Kemi Healthcare. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the Kemi Healthcare platform of third party resources, including links to third party websites, does not imply our endorsement of these resources. You agree that you will not engage in any of the following activities in connection with your use of the Services: 1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; 2. Use, display, mirror or frame Kemi healthcare platform, or any component thereof, or Kemi healthcare trademark, logo or other proprietary information, without the written consent of Kemi healthcare, as applicable; 3. Remove any copyright, trademark or other proprietary rights notices contained within the Kemi healthcare platform, including those of Kemi healthcare and any of their respective licensors; 4. Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by Kemi healthcare as applicable; 5. Attempt to circumvent any protective technological measure associated with the Services; 6. Attempt to access or search any Kemi healthcare platform properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers; 7. Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam; 8. Impersonate or misrepresent your affiliation with another person or entity; 9. Harvest or otherwise collect information about others, including email addresses; 10. Interfere with or disrupt any of the Services or the associated computer or technical delivery systems; 11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing a Kemi healthcare platform; 12. Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or 13. Use any Kemi healthcare platform, the Services or any Kemi healthcare Content in any manner not permitted by these Terms. We may (but are not obligated to) do any or all of the following without notice: 1. Record or pre-screen User Content submissions to public areas within the Kemi healthcare platform; 2. Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process; 3. Remove User Content which we believe does not comply with these Terms of Use; 4. Terminate your access to the Kemi healthcare Platform upon our determination that you have violated these Terms of Use; and 5. Edit Meditown Hub Content. Use License a. Permission is granted to temporarily download one copy of the materials (information or software) on the Kemi healthcare platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. remove any copyright or other proprietary notations from the materials; or b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Kemi healthcare platform at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Disclaimer a. Materials on the Kemi healthcare platform are provided "as is". The Kemi healthcare platform makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Kemi healthcare does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its community platforms or otherwise relating to such materials or on any platform linked to this community. Limitations In no event shall the Kemi healthcare or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kemi healthcare platform, even if the Kemi healthcare or a Kemi healthcare authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Revisions and Errata The materials appearing on Kemi healthcare platform could include technical, typographical, or photographic errors. The Kemi healthcare does not warrant that any of the materials on its platforms are accurate, complete, or current. Kemi healthcare may make changes to the materials contained on its platforms at any time without notice. The Kemi healthcare does not, however, make any commitment to update the materials. Links The Kemi healthcare platform has not reviewed all of the sites linked to its community and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Kemi healthcare of the site. Use of any such linked web site is at the user's own risk. Site Terms of Use Modifications The Kemi healthcare may revise these terms of use for its community at any time without notice. By joining this platform you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Governing Law Any claim relating to the Kemi healthcare shall be governed by the laws of Federal Republic of Nigeria without regard to its conflict of law provisions. Privacy Policy The Kemi healthcare Privacy Policy provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms. This Privacy Policy describes the privacy practices of Kemi healthcare in relation to your use of our platforms and other resources intended for use by Women and which we refer to as the " Kemi healthcare platform " including the personalized information and services that meet the needs and interests of users of the Kemi healthcare platform. This Privacy Policy does not apply to our properties and services that display a link to a different privacy policy. In the event that we expand the Kemi healthcare through our acquisition of another company and/or its properties that company may operate under its own privacy policy accessible via a link on its properties until we integrate its privacy practices with ours, at which point a link to this Privacy Policy will be displayed on its properties. We provide the Services as a professional resource intended to help women take charge of their health. You can choose whether or not you want to use the Services. If you do not want us to collect and use information about you as described in this Privacy Policy, then you should not use the Services. By using the Services, you acknowledge that we will store, use and otherwise process your information in the Federal Republic of Nigeria and any other country from where the applicable Kemi healthcare platform property is operated. Please be aware that the privacy laws and standards in certain countries may differ from those that apply in the country in which you reside. Unless otherwise specified herein or on the property from which you have accessed this Privacy Policy, Kemi healthcare is the controller of the personal information that we collect about you as described in this Privacy Policy. Information Collected Information about your use of the Services is collected as follows: Registration. In order to use the Services, you are required to register and provide certain personal information such as your name, email address, location, date of birth, phone number. You may choose to update or supplement the personal information that you provided at registration at any time. Services Information. We automatically collect and store information about your use of the Services, such as your engagement with particular content including editorial, advertisements, sponsored informational programs from our advertisers, which may include pharmaceutical companies ("Sponsored Programs"), whether you opened a particular email, clicked on a link, your search queries and how often and when you engage with the Services For information on your advertising choices and opt-out, please see the “Choices and Control” section of this Privacy Notice. Market Research. You may be invited to participate in market research surveys conducted by us or on our behalf for our own internal business purposes and also market research surveys conducted by or on behalf of third party sponsors that commissioned the survey. For some surveys, you may be asked to provide personal information for recontact (e.g., by e-mail or phone) or payment fulfillment purposes. Information and Registration Forms. From time to time we may offer you the opportunity to receive additional information or services from us or from third parties, including our advertisers (e.g., sample request, sales rep visit, direct marketing, etc.), or to register to attend live events, either in-person or via livestream. If you wish to participate in such opportunities, you may be asked to provide personal information to fulfill the request. Unless otherwise specified in the request form, we may use such information as described in this Privacy Policy and the third party, if applicable, will be required to use such personal information as described at the point of collection. Information from Third Party Sources. We may obtain additional information about you from third party sources to assist us in providing the Services. For example, we may use third party information to verify and augment your registration information, for research purposes or to personalize the Services, including advertising. How Your Information May be Used Information about you may be used for the following purposes: Provision of the Services. We may use the information collected about you to provide and improve the Services, and to develop new Services. Member Profiles. We may associate information that we have collected about your use of the Services with your registration information and any other information we have about you, as described in this Privacy Policy, thereby creating a profile of you that we may update from time to time ("Member Profile"). This processing of your Member Profile is necessary to deliver the Services tailored according to your specialty and interests (known or inferred), as further described below in Personalize the Services Including Advertising. Communications. By registering as a member of Kemi healthcare platform, you agree to the use of your registration information and other information collected about you as described in this Privacy Policy to communicate with you about the Services and other information that may be of interest to you. These communications may be conveyed through a variety of channels, subject to applicable law, including emails and may contain advertisements and other promotional materials from third party sponsors, including pharmaceutical companies. Verification Purposes. We may use your information in conjunction with information from third parties to recognize you as a registered member when you visit one of our properties and to verify your identity. We may require you to provide proof of your identity, and if you are unable to do so to our reasonable satisfaction, we reserve the right to deny you access to the Services. While we take steps to verify that our members . Account Management. We may use your information to administer your account, respond to your inquiries, fulfill your requests and send you administrative communications about the Services. Investigations. We may use your information to detect, investigate and defend against fraudulent or unlawful activity, violations of the Kemi healthcare Terms of Use and to otherwise establish, exercise and defend our legal rights. Legal Grounds. Being a free service, the Kemi healthcare platform and Services rely on advertising and partnership revenues to support the development of specialized content designed for practicing healthcare professionals. o When it comes to: Newsletters, sending by email interest-based advertising or sharing granular data with sponsors, we process data based on the consent you gave us, our service providers, our sponsors, which may be revoked at any time (we may in some cases act as data processors for our sponsors); Process your personal data based on your consent to participate to the market research surveys and the performance of the contract entered into between Kemi healthcare and you in the context of such market research survey; and Sharing Your Information with Third Parties Information about your use of the Services may be shared as follows: • Service Providers. We work with third party service providers to help us provide the Services and to otherwise assist us in the operation of the Kemi healthcare platform, including in the areas of email management and deployment, analytics, marketing, advertising, market research, sweepstakes and contest administration, identity and professional credential validation, content distribution, customer service, payment fulfillment, event logistics, website maintenance and data storage and security. We may provide these service providers with personal information about users of our Services so that they can fulfill their responsibilities to us; however, we do require that they agree to limit their use of this personal information to the fulfillment of these responsibilities. • Advertising and Sponsored Programs. We may provide your personal information to third party sponsors of advertisements and Sponsored Programs, subject to applicable law. Specifically, when you are exposed to an advertisement through the Services, whether on one of our platforms, in an email or through some other means, or when you engage in a Sponsored Program, e.g., access a sponsored information resource, open one of our sponsored emails Kemi healthcare may provide your personal information, such as your name and specialty to the applicable sponsor and/or its agents on the sponsor's behalf. We may also provide such third parties with details about your engagement with the advertisement or Sponsored Program (e.g., whether you viewed or otherwise interacted with certain content), your answers to any questions contained in the Sponsored Program and information about you that we have received from third parties. Additionally, when you register as a member of the Kemi healthcare platform, we may provide your personal information (but not your email or postal address) to potential sponsors of advertisements and Sponsored Programs that may be offered or provided to you through the Services, subject to applicable law. Please review the Privacy Policies of these third parties to familiarize yourself with their practices. All advertisements and Sponsored Programs (including any links to Sponsored Programs) made available within the Kemi healthcare platform, including through emails, will be identified to you by the label Advertisement, Information from Industry, Sponsored, Kemi healthcare Professional or some similar designation indicating that the content, which may pertain to a particular medical condition, therapy, product or service, has been selected by a third-party sponsor. Market Research. If you receive remuneration for participating in a market research program offered through our Services, we may provide your personal information to our payment fulfillment vendor so that it can process and deliver your payment to you and for its recordkeeping and regulatory compliance purposes, and also to the program sponsor (or the market research company acting on its behalf) for its recordkeeping and regulatory compliance purposes. If you choose to access a survey that is conducted by a third party market research company, we may identify you to this company. Sometimes market research companies send us lists of individuals they wish to reach with particular market research opportunities and we may inform these companies which of these individuals are members of the Kemi healthcare platform so that they can manage their recruitment needs accordingly. Also, certain market research opportunities require us or the market research company to contact you directly to conduct the survey, including by telephone. We will inform you in the research invitation if you will be required to provide additional contact information, e.g., phone number, to participate so that you can decide at that time if you wish to proceed with the opportunity. We do not disclose your survey responses to the sponsor in a manner that identifies you. Consent. We may disclose your personal information to a third party in a manner not addressed by this Privacy Policy subject to your consent at such time. Aggregated Information. We may provide aggregated information about users of our Services to third parties as we deem appropriate in our sole discretion. Children's Privacy The Kemi healthcare platform and the Services are designed and intended for use by adults, and are not intended for nor designed to be used by children under the age of 18. We do not collect personal information from any person we know is under the age of 18. Privacy Policy Changes We reserve the right to modify this Privacy Policy at any time and any changes will be effective upon posting of the modified Privacy Policy unless we advise otherwise. If we make any material changes to this Privacy Policy we will notify you by email (sent to the email address included in your account profile) and/or by means of a notice on our websites before the change becoming effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes. Dealing with Third Parties Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services. Indemnity You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Kemi healthcare platform, the Services and the Kemi healthcare Content or your violation of these Terms. Complete Agreement These Terms (including the Kemi healthcare Privacy Policy) constitute the entire agreement between you and Kemi healthcare with respect to your use (and prior use) of the Kemi healthcare platform and the associated Services and Kemi healthcare Content. These Terms constitute the entire and exclusive understanding and agreement between Kemi healthcare and you Kemi healthcare platform and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kemi healthcare and you regarding the Kemi healthcare platform and the Services. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Further, any of us may exercise the rights described in these Terms. Notices Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the Meditown Hub Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. No Waiver Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Contact Us If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at [email protected] . By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services. Last updated: May 11, 2023