TERMS OF USE
Welcome to Malaica! We are excited to have you as a user and member of our community.
Malaica’s website (www.malaica.com), its pregnancy program as well as other products and services (collectively, the “Service”), are owned and operated by Malaica Science LLC Limited, PO Box 63050, City Square, Nairobi, Kenya (collectively with its group companies, affiliates, successors, and assigns, “Malaica”, “we,” or “us”).
Please read these terms of use (“Terms of Use”) carefully. They define the important terms you will need to know about using our Service. The terms “you” and “yours” refer to the person using the Service. By using the Service you agree to adhere to these Terms of Use as well as all applicable laws and regulations.
Your access and use of the Service constitutes your acceptance and agreement to these Terms of Use. If you do not agree, do not use the Service.
If you have a medical emergency, immediately call your doctor, hospital, an ambulance or an official emergency number.
The service provides general health and wellness information, and it is a way to interact with practitioners. However, it does not replace your relationship with health facilities and doctors. Malaica does not provide any medical or health advice, care, diagnosis or treatment. None of the content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate or effective for you.
Privacy
By using the Service, you consent to our processing of your information consistent with our Privacy Policy. Please review the Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
Service Description
The Service provides individuals accessing it with general information on health care and other general content pertaining to health and wellness topics (“Content”) and access to wellness professionals and facilities offering their services via the Service (the “Practitioners”). The Service contains certain pages, sections, services, and content that are only available to registered members of the Malaica services, including a means to obtain video-chat or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Service. The Practitioners who deliver services through Malaica’s Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Malaica nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Practitioner via the Services.
Eligibility
This Service is intended for use only by persons who are at least 13 years of age; provided that, for an individual who is between the age of 13 and 18, a parent or legal guardian accepts these Terms of Use on his or her behalf. If you are under 13 years of age, do not use or access the Service at any time or in any manner. By using the Service, you affirm that you are over the age of 13. Malaica does not seek through this website to gather personal information from or about persons under the age of 13. Practitioners may decline to enroll a Service user if, based on the provider’s professional medical judgment, the Service user is not well-suited for the program.
Non-Discrimination
Malaica does not exclude people or treat them differently because of race, color, national origin, age, disability, or gender.
Accounts and Registration, Security
To access most features of the Service, you must register as a client. When registering you may be required or have the option to provide us with some information about yourself, as further described in our Privacy Policy. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, if any, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service.
Limited License and Site Access
We grant you the limited license to access and make personal use of the Service. Except as expressly authorized in the preceding sentence, you may not download (other than for page caching) or modify the Service, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Service or the Content; or any derivative use of the Service or the Content.
Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Independence of Practitioners
The professionals utilizing or featured on the Service are subscribers to and licensees of the Service and not employees of Malaica. Any opinions, advice, or information expressed by a healthcare facility, professional or specialist using or featured on the Service are of the facility, professional or specialist alone. They do not reflect the opinions of Malaica. Malaica does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of Malaica. The inclusion of Practitioners on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein. Such information is provided on an “as-is” basis and Malaica disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Malaica shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Practitioners on the Service. The use of the Service by any entity or individual to verify the credentials of Practitioners is prohibited.
Intellectual Property Rights
The Service contains various intellectual property, such as content, designs, logos, trademarks, web domains, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, “look and feel,” software layout, music, sounds, images, videos, designs, typefaces and other content (collectively, the “Proprietary Material”). Such Proprietary Material is owned, controlled or licensed by or to Malaica and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, retransmit or reverse engineer the Products or anything from the Site without Malaica’s express prior written consent.
Our Right to Use User-Provided Contents
We may, in our sole discretion, permit you to post or submit content and other materials through the Service (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Service to you. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that we only act as a passive conduit for the distribution of the User-Provided Content and are not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Service through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
In the event of a conflict between the provisions of this Section and any other term in these Terms of Use, the provisions of this Section will control.
Notice and Procedure for Making Claims of IP Infringement
Malaica respects the intellectual property (IP) of others and takes the protection of copyrights and all other intellectual property very seriously, and Malaica asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to [email protected].
Prohibited Use
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Malaica to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Malaica, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Malaica representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users; (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Malaica reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Malaica may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Policy, Malaica reserves the right at all times to disclose any information as Malaica deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Malaica’s sole discretion.
Right to Monitor
Malaica shall have the right, but not the obligation, to monitor use of the Service and to remove from the Service any materials that Malaica, in its sole discretion, believes (i) are inappropriate, (ii) are illegal, (iii) may subject Malaica to liability or violate these Terms of Use, or (iv) otherwise inconsistent with Malaica’s purpose for the Site.
3rd Party Contents
To the extent that any of the Content included in the Service is provided by third-party content providers, Practitioners, or other Service users, Malaica has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Service are those of such professional, third-party suppliers or users, respectively. Malaica does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Malaica.
Links to 3rd Party Sites
As you view the Service, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these linked websites may make use of Malaica’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Malaica. Malaica is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Malaica of the organizations sponsoring such third-party websites or their products or services. Malaica shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Malaica is not responsible for the privacy practices of any other websites.
3rd Party Interactions
Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Malaica shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Malaica is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Malaica, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
Payments
To the extent that you purchase specific services or products via the Service, including without limitation payments to Practitioners, then processing services for such payments on the Service are provided by M-Pesa, which includes their Terms of Service (collectively, the “M-Pesa Services Agreement”). By agreeing to these terms you agree to be bound by the M-Pesa Services Agreement, as the same may be modified by M-Pesa from time to time. As a condition of the Service enabling payment processing services through M-Pesa, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by M-Pesa.
Termination
Malaica may terminate your use of the Service or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Upon any such termination, you must destroy all Content obtained from the Service and all copies thereof. The provisions of these Terms of Use concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Malaica harmless from any and all liability that Malaica may incur therefore.
Modifications
This Service is continually under development, and Malaica reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you (however, Malaica will endeavor to provide you with prior notice of any material changes). Any changes to these Terms of Use are effective upon posting to the Service. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Service. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.
Disclaimers
Content and other information contained on the Service is provided by Malaica as a convenience. Users relying on Content or other information from the Service do so at their own risk. To the fullest extent permitted by law, the service is provided on an “as is” or “as available” basis. Malaica makes no warranty that the content is accurate, timely, uninterrupted, virus-free or error-free.
Limitation of Liability
In no event shall Malaica be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the service. To the fullest extent permitted by law, Malaica shall be liable only to the extent of actual damages incurred by you, not to exceed KES 10,000.
To the fullest extent permitted by law, neither Malaica nor any third parties mentioned in the Service are liable for any personal injury, including death, caused by your use or misuse of the Service.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Malaica, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service in a manner not authorized by these Terms of Use, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
Notices and Electronic Communications
Any notices to you from Malaica regarding the Service or these Terms of Use will be made by email or regular mail.
When you visit the Service or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Service (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications by emailing us at [email protected].
Entire Agreement, Governing Law, Venue, Severability
These Terms of Use and other policies Malaica may post on the Service or that you and Malaica may execute constitute the entire agreement between Malaica and you in connection with your use of the Service and supersedes any prior agreements between Malaica and you regarding use of the Service, including prior versions of these Terms of Use.
This Service is controlled and operated by Malaica from our offices in Nairobi / Kenya. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
By choosing to visit the Service, you agree that any dispute over your use of the Service or these Terms of Use will be governed by the laws of the County of Nairobi and the country of Kenya, without regard to any conflicts of law provisions. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither these Terms of Use, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Malaica may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Malaica is transferred to another entity by way of merger, sale of its assets or otherwise.
Contacting us
If you have any questions or concerns about these Terms of Use, please contact us at [email protected]. We will attempt to respond to your questions or concerns promptly after we receive them.