1. INTRODUCTION
Welcome to Openconsult, a social network and professional resource for healthcare professionals.
By registering as a Openconsult member or otherwise accessing or using any of our websites or mobile applications, including any related services (collectively the “Service” or “Services”), whether as a registered member or an unregistered visitor, you are entering into a legally binding contract with Openconsult, Inc. (“Openconsult,” “we,” “us,” or “our”). The following Terms of Service (these “Terms”) govern your access to and use of the Service.
Openconsult is a social network. We cannot provide the Services or perform the agreement described in these Terms without processing personal information about you and other Openconsult members. Processing this information is essential to the Services that we provide and a necessary part of our performance of our agreement with you.
By accessing the Service, you acknowledge that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree to be bound by these Terms, do not access the Service.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DESCRIBED IN SECTION 9 – GOVERNING LAW, DISPUTE RESOLUTION.
2. THE OPENCONSULT SERVICE
A. Eligibility and Prohibited Activities
By accessing the Service, you agree you are currently 18 years of age or older and a physician, medical student, or other healthcare professional. You also agree that any information you provide to us in connection with your account registration is accurate and complete, and that Openconsult may use such information to provide the Service.
Openconsult is a Kenyan company. Your information is stored within Kenya. The Services are designed specifically for users in Africa. We do not target users in other jurisdictions, and we make no claims that the Service or any associated content is appropriate for users outside of Africa.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
B. User Content Standards
You may submit content and other information to the Service in a variety of ways, including through your profile, main feed, and our communication tools (“User Content”). You agree that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness, your User Content complies with these Terms, and you have all rights in your User Content as necessary to grant the license granted herein.
You agree that your User Content will not:
While Openconsult is not responsible for User Content, it may, but has no obligation to, monitor, review or edit User Content. In all cases, we reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms, threatens the personal safety of our users or the public, or could create liability for Openconsult. We may take these actions without prior notification to you and shall have no liability as a result of any such action.
C. Use of the Service.
The Service is intended for use by healthcare professionals. The information made available through the Service is provided for informational purposes only and is not intended as a substitute for your professional judgment as a healthcare professional when diagnosing or treating patients. You are solely responsible for your decision to use the Service, evaluating the information obtained through the Service, and for your decision to use such information in connection with your treatment decisions and otherwise. Your use of the information obtained through the Service is solely at your own risk, and you agree that Openconsult and its licensors are not responsible or liable for any claim, loss, or damage arising from your use of such information.
Openconsult is not engaged in the practice of medicine or the provision of any healthcare services to any patient. Openconsult does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the Service, and we assume no responsibility for such information.
D. Service Availability
We make reasonable efforts to keep all of the Services fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Services that may cause temporary interruptions. We reserve the right, at any time, to modify, suspend or discontinue any Service or functions and features of a Service, without liability to you. You understand and agree that Openconsult has no obligation to provide any specific content through the Service and Openconsult may, from time to time, remove any content without notice, in our sole discretion.
E. Your Openconsult Account
You agree to: (1) choose a strong password and keep it secure and confidential; (2) not permit others to use your login credentials to access your Openconsult account; and (3) refrain from accessing another Openconsult member’s account. You agree you are solely responsible for your account. If you believe there has been unauthorized access to your account, you must change your username and password and notify us immediately. To close your account, please contact us at admin@Openconsult.co.ke. As between you and others (including your employer), your account belongs to you.
G. Privacy
The Openconsult Privacy Policy explains how we collect, use, and share personal information in connection with your use of the Service. We encourage you to read our Privacy Policy carefully because by accessing and using the Service in any way, you consent to the handling of your personal information as described in the Openconsult Privacy Policy. Note that we may update our Privacy Policy from time to time, as described therein. If you are a “covered entity” under HIPAA and choose to transmit protected health information subject to HIPAA using a Openconsult communication tool that we identify as appropriately secure for that purpose, such as our member messaging or electronic fax service, you and Openconsult agree that such information will be handled in accordance with the Openconsult Business Associate Agreement which is incorporated into these Terms by reference.
4. OWNERSHIP AND LICENSES
A. Proprietary Rights
Our websites, mobile apps, and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Openconsult, its licensors, or other providers of such materials, and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name Openconsult, the Openconsult logo and other Openconsult logos and product and service names are the exclusive trademarks of, and are owned by, Openconsult, and you may not use or display such trademarks in any manner without Openconsult prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos, or other proprietary marks.
B. License to Use the Services
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non- assignable, nonsublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Openconsult, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or republish any content made available through the Service including, without limitation, User Content submitted by other users, without the express written permission of Openconsult or such user, as applicable.
C. Your License to Openconsult
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non- assignable, nonsublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Openconsult, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or republish any content made available through the Service including, without limitation, User Content submitted by other users, without the express written permission of Openconsult or such user, as applicable.
5. TERM AND TERMINATION
You may terminate your Openconsult account at any time by contacting admin@Openconsult.co.ke. We reserve the right to monitor your use of the Services and to suspend or terminate your use of the Services without notice if we determine that you have breached these Terms. In no event will Openconsult be liable for suspension or termination of your use of any of the Services. All sections of these Terms that by their nature should survive termination shall survive termination, including without limitation, Privacy, Ownership and Licenses, Disclaimers and Limitation of Liability, Indemnity, Choice of Law, Dispute Resolution, and Additional Terms.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
A. Warranty Disclaimer
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICE, INCLUDING THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION YOU OBTAIN THROUGH THE SERVICE IS ACCURATE OR COMPLETE. THE SERVICE AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, USER PROFILE INFORMATION), TOOLS AND FEATURES MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR OPENCONSULT ACCOUNT.
B. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPENCONSULT, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SHAREHOLDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY COMPONENT THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENCONSULT AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS MADE AVAILABLE THROUGH THE SERVICE OR AS A RESULT OF THE USE OF ANY SUCH MATERIALS, PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM A USER’S ACCESS TO OR USE OF THE SERVICE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND OPENCONSULT UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT, AND THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. CLAIMS REGARDING COPYRIGHT INFRINGEMENT
The Kenyan Copyright Act provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under Kenyan copyright law. If you believe in good faith that materials hosted by Openconsult infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Kenyan Copyright Act permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of the judicial district in which your address is located or, if your address is outside of the African country for any judicial district in which Openconsult may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Agent to Receive Notices of Claimed Infringement:
ATTN: Openconsult Copyright Agent
Nairobi, Kenya
admin@Openconsult.co.ke
8. INDEMNITY
You agree to indemnify hold harmless Openconsult, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your failure to comply with these Terms, (2) your User Content, and (3) your use of the Service.
9. ADDITIONAL TERMS
A. Severability
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
B. No Waiver
Failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms.
C. Relationship of the Parties
You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and Openconsult as a result of these Terms or your use of the Services.
D. Notice
Openconsult notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. You must provide any notice to us in writing and send via overnight courier.
E. Assignment
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without the prior written consent of Openconsult. Openconsult has the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms and in connection with the Service.
F. Changes to these Terms
We reserve the right to modify these Terms and any policies applicable to your use of the Service at any time in our sole discretion. When we make a change, we will post the updated Terms to the Service with a new “Effective Date.” We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by e-mail (if you have an account where we have your contact information) or another manner through the Service. Any modifications to these Terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to use the Service after posting of the updated Terms, you are consenting to the changes. If you object to any changes, you may close your account by contacting admin@medOpenconsult.com.
G. Entire Agreement
These Terms and the Openconsult Business Associate Agreement constitute the entire, complete and exclusive agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Welcome to Openconsult, a social network and professional resource for healthcare professionals.
By registering as a Openconsult member or otherwise accessing or using any of our websites or mobile applications, including any related services (collectively the “Service” or “Services”), whether as a registered member or an unregistered visitor, you are entering into a legally binding contract with Openconsult, Inc. (“Openconsult,” “we,” “us,” or “our”). The following Terms of Service (these “Terms”) govern your access to and use of the Service.
Openconsult is a social network. We cannot provide the Services or perform the agreement described in these Terms without processing personal information about you and other Openconsult members. Processing this information is essential to the Services that we provide and a necessary part of our performance of our agreement with you.
By accessing the Service, you acknowledge that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree to be bound by these Terms, do not access the Service.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DESCRIBED IN SECTION 9 – GOVERNING LAW, DISPUTE RESOLUTION.
2. THE OPENCONSULT SERVICE
A. Eligibility and Prohibited Activities
By accessing the Service, you agree you are currently 18 years of age or older and a physician, medical student, or other healthcare professional. You also agree that any information you provide to us in connection with your account registration is accurate and complete, and that Openconsult may use such information to provide the Service.
Openconsult is a Kenyan company. Your information is stored within Kenya. The Services are designed specifically for users in Africa. We do not target users in other jurisdictions, and we make no claims that the Service or any associated content is appropriate for users outside of Africa.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any federal, state, or local law or regulation or professional rule applicable to you and your use of the Services including, without limitation, those relating to patient privacy, medical care and treatment including the Health Insurance Portability and Accountability Act (HIPAA), physician self-referrals (the Stark law), or faxes or text messaging (the Telephone Consumer Protection Act).
- In any way that violates or conflicts with any agreement to which you are a party, including any agreement with your employer.
- To transmit any material that does not comply with the User Content Standards outlined below.
- To impersonate another person or misrepresent your identity or affiliation with any person or entity (e.g., by using an email address, username or caller ID that misrepresents your affiliation).
- In any manner that could disable, overburden, damage, or impair any component of the Service.
- To transmit any advertising or promotional materials without our prior written consent, including any "junk mail" or "junk faxes," "bulk mail" or "bulk faxes," "chain letters," "spam," or any other similar solicitation.
- To engage in any other conduct that inhibits anyone's use or enjoyment of the Service or which, as determined by us, may harm Openconsult or users of the Service.
Additionally, you agree not to:
- Re-use or re-publish any content made available through the Service including, without limitation, content posted by other Openconsult users, without the express written permission of Openconsult or such user, as applicable.
- Copy any of the material made available through the Service for commercial purposes, including through the scraping of content.
- Attempt to obtain unauthorized access to or interfere with the Service, any Openconsult computer system, software, or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
- Tamper with, breach or attempt to probe, scan, or test for vulnerabilities in the Service or Openconsult computer systems, network, security elements, or any other protective measures associated with the Service.
- Use any software, devices, scripts, robots or any other means or process to view, access, or “scrape” the Service or otherwise copy information from the Service, or to transmit any communications using the Service including, without limitation, faxes or member messages.
- Reproduce or redistribute content provided through the Services, including through “framing” or “mirroring” or through third parties, without Openconsult consent.
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
- Monitor the availability, performance, or functionality of any of the Services for any competitive purpose.
- Deep-link to any of our websites (i.e., linking to a Openconsult web page other than the Openconsult home page) unless solely to promote your profile or practice on the Service, or as otherwise expressly approved by Openconsult in writing on a case-by-case basis.
- 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 by Openconsult in writing.
- Introduce into the Service any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Service, or any portion thereof.
B. User Content Standards
You may submit content and other information to the Service in a variety of ways, including through your profile, main feed, and our communication tools (“User Content”). You agree that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness, your User Content complies with these Terms, and you have all rights in your User Content as necessary to grant the license granted herein.
You agree that your User Content will not:
- Contain any material that is offensive, abusive, defamatory, obscene, threatening or harassing.
- Promote illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Contain any material that infringes or violates the rights of any person or entity including, without limitation, intellectual property, publicity, or privacy rights, or violates applicable laws, rules or regulations.
- Violate any contractual, legal or ethical obligations to which you are subject.
- Contain advertising or promotions that are not expressly authorized by Openconsult in writing.
- Misrepresent your current or past affiliation with another person or entity, or otherwise contain fraudulent, false, deceptive, or misleading information.
While Openconsult is not responsible for User Content, it may, but has no obligation to, monitor, review or edit User Content. In all cases, we reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms, threatens the personal safety of our users or the public, or could create liability for Openconsult. We may take these actions without prior notification to you and shall have no liability as a result of any such action.
C. Use of the Service.
The Service is intended for use by healthcare professionals. The information made available through the Service is provided for informational purposes only and is not intended as a substitute for your professional judgment as a healthcare professional when diagnosing or treating patients. You are solely responsible for your decision to use the Service, evaluating the information obtained through the Service, and for your decision to use such information in connection with your treatment decisions and otherwise. Your use of the information obtained through the Service is solely at your own risk, and you agree that Openconsult and its licensors are not responsible or liable for any claim, loss, or damage arising from your use of such information.
Openconsult is not engaged in the practice of medicine or the provision of any healthcare services to any patient. Openconsult does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the Service, and we assume no responsibility for such information.
D. Service Availability
We make reasonable efforts to keep all of the Services fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Services that may cause temporary interruptions. We reserve the right, at any time, to modify, suspend or discontinue any Service or functions and features of a Service, without liability to you. You understand and agree that Openconsult has no obligation to provide any specific content through the Service and Openconsult may, from time to time, remove any content without notice, in our sole discretion.
E. Your Openconsult Account
You agree to: (1) choose a strong password and keep it secure and confidential; (2) not permit others to use your login credentials to access your Openconsult account; and (3) refrain from accessing another Openconsult member’s account. You agree you are solely responsible for your account. If you believe there has been unauthorized access to your account, you must change your username and password and notify us immediately. To close your account, please contact us at admin@Openconsult.co.ke. As between you and others (including your employer), your account belongs to you.
G. Privacy
The Openconsult Privacy Policy explains how we collect, use, and share personal information in connection with your use of the Service. We encourage you to read our Privacy Policy carefully because by accessing and using the Service in any way, you consent to the handling of your personal information as described in the Openconsult Privacy Policy. Note that we may update our Privacy Policy from time to time, as described therein. If you are a “covered entity” under HIPAA and choose to transmit protected health information subject to HIPAA using a Openconsult communication tool that we identify as appropriately secure for that purpose, such as our member messaging or electronic fax service, you and Openconsult agree that such information will be handled in accordance with the Openconsult Business Associate Agreement which is incorporated into these Terms by reference.
4. OWNERSHIP AND LICENSES
A. Proprietary Rights
Our websites, mobile apps, and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Openconsult, its licensors, or other providers of such materials, and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name Openconsult, the Openconsult logo and other Openconsult logos and product and service names are the exclusive trademarks of, and are owned by, Openconsult, and you may not use or display such trademarks in any manner without Openconsult prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos, or other proprietary marks.
B. License to Use the Services
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non- assignable, nonsublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Openconsult, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or republish any content made available through the Service including, without limitation, User Content submitted by other users, without the express written permission of Openconsult or such user, as applicable.
C. Your License to Openconsult
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non- assignable, nonsublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Openconsult, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or republish any content made available through the Service including, without limitation, User Content submitted by other users, without the express written permission of Openconsult or such user, as applicable.
5. TERM AND TERMINATION
You may terminate your Openconsult account at any time by contacting admin@Openconsult.co.ke. We reserve the right to monitor your use of the Services and to suspend or terminate your use of the Services without notice if we determine that you have breached these Terms. In no event will Openconsult be liable for suspension or termination of your use of any of the Services. All sections of these Terms that by their nature should survive termination shall survive termination, including without limitation, Privacy, Ownership and Licenses, Disclaimers and Limitation of Liability, Indemnity, Choice of Law, Dispute Resolution, and Additional Terms.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
A. Warranty Disclaimer
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICE, INCLUDING THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION YOU OBTAIN THROUGH THE SERVICE IS ACCURATE OR COMPLETE. THE SERVICE AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, USER PROFILE INFORMATION), TOOLS AND FEATURES MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR OPENCONSULT ACCOUNT.
B. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPENCONSULT, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR SHAREHOLDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY COMPONENT THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENCONSULT AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS MADE AVAILABLE THROUGH THE SERVICE OR AS A RESULT OF THE USE OF ANY SUCH MATERIALS, PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM A USER’S ACCESS TO OR USE OF THE SERVICE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND OPENCONSULT UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT, AND THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
7. CLAIMS REGARDING COPYRIGHT INFRINGEMENT
The Kenyan Copyright Act provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under Kenyan copyright law. If you believe in good faith that materials hosted by Openconsult infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Kenyan Copyright Act permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of the judicial district in which your address is located or, if your address is outside of the African country for any judicial district in which Openconsult may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Agent to Receive Notices of Claimed Infringement:
ATTN: Openconsult Copyright Agent
Nairobi, Kenya
admin@Openconsult.co.ke
8. INDEMNITY
You agree to indemnify hold harmless Openconsult, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your failure to comply with these Terms, (2) your User Content, and (3) your use of the Service.
9. ADDITIONAL TERMS
A. Severability
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
B. No Waiver
Failure to enforce any part of these Terms is not a waiver of the right to later enforce that or any other part of these Terms.
C. Relationship of the Parties
You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and Openconsult as a result of these Terms or your use of the Services.
D. Notice
Openconsult notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. You must provide any notice to us in writing and send via overnight courier.
E. Assignment
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without the prior written consent of Openconsult. Openconsult has the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third parties to fulfill its duties and obligations under these Terms and in connection with the Service.
F. Changes to these Terms
We reserve the right to modify these Terms and any policies applicable to your use of the Service at any time in our sole discretion. When we make a change, we will post the updated Terms to the Service with a new “Effective Date.” We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by e-mail (if you have an account where we have your contact information) or another manner through the Service. Any modifications to these Terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to use the Service after posting of the updated Terms, you are consenting to the changes. If you object to any changes, you may close your account by contacting admin@medOpenconsult.com.
G. Entire Agreement
These Terms and the Openconsult Business Associate Agreement constitute the entire, complete and exclusive agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.