This site is intended for healthcare professionals

TERMS OF USE

Effective Date: January 2021

These Terms of Use (the “Terms of Use”) govern your use of the DaktariUp2Date Health Professional Network website at www.daktariup2date.com hereinafter referred to as “Site” on this document and our network of properties which may be provided to you in a variety of mediums and devices now known or hereinafter developed including mobile applications. Please read these Terms of Use carefully before using the Site, and please review these Terms of Use regularly for any changes. We may change these Terms of Use or modify any features of the Site or App at any time. By accessing or using the Site or App, you agree to be legally bound by these Terms of Use. If you do not agree, do not use the Site or App. Your continued use of the Site or App after we post any changes means that you accept and agree to the updated Terms of Use. If you are or will be using the Site or App on behalf of another person or entity, the term “you” and “your” as used in these Terms of Use includes you and any other person or entity on behalf of whom you may use the Site.

We may restrict, suspend, or revoke your registration or ability to access or use the Site or App, with or without prior notice, if you violate any of the Terms of Use, or if we reasonably believe that you fail to comply with applicable laws in connection with your use of or access to the Site.

What Is DaktariUp2date?

DaktariUp2Date.com is an independent educational platform wholly owned and managed by Tiba Life Sciences Ltd., which harnesses the expertise of Kenya’s leading specialists to share the most important medical knowledge for the local practicing healthcare practitioner. DaktariUp2Date.com was created to empower the practicing healthcare professional by providing quick access to the most relevant, up to date medical information needed while attending to patients.

We provide users of the DaktariUp2Date with access to a wide array of resources through our network of properties which may be provided to you in a variety of mediums and devices now known or hereinafter developed including mobile applications. These resources include without limitation news, reference tools and applications, sponsored programming, personalized content, continuing medical education, communication tools and discussion boards (collectively, the "Services"). The Services are intended for physicians and other healthcare professionals.

The DaktariUp2Date is comprised of DaktariUp2Date.com Site, including any mobile optimized versions of the professional Site and the DaktariUp2Date Mobile Application. These properties are owned and operated by Tiba Life Sciences Ltd.

Information

The information that we make available through this Site or App is intended for physicians and other healthcare professionals practicing in Kenya. While we hope you find the Services helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. We do not provide medical advice. If you are a consumer who chooses to use the professional-level information available to you through the Services, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We each follow standard sets of editorial procedures for information that we each make available through the Services. However, we don't offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from Services we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

Tools and Databases

The Services include clinical tools and databases intended for use by healthcare professionals. These tools do not give professional advice or recommend particular products. Physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide. Consumers who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.

DaktariUp2Date Health Directory

The DaktariUp2Date Health Directory is provided for informational purposes only. The DaktariUp2Date Health Directory is provided on an "AS-IS" basis. DaktariUp2Date and its licensors disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, DaktariUp2Date and its licensors do not warrant or represent that the DaktariUp2Date Health Directory or any part thereof is accurate or complete. You assume full responsibility for the communications with any physician, pharmacy or hospital you contact through the DaktariUp2Date Health Directory. The inclusion of a physician, pharmacy or hospital in the DaktariUp2Date Health Directory is not an endorsement of any such physician, pharmacy or hospital by DaktariUp2Date, any of its affiliates or any third party sponsor of any component of the Services.

Copyrights

All copyrights in the text, images, photographs, graphics, user interface, and other content provided on the Site or App, including the selection, coordination, and arrangement of such content (collectively, “Content”), are owned by DaktariUp2Date wholly owned and managed by Tiba Life Sciences Ltd.to the full extent provided under the Kenya Copyright Board under section 5 of Cap 130 and all international copyright laws, unless otherwise noted. Except as provided elsewhere in these Terms of Use, on the Site or Apps, or in a notice from DaktariUp2Date Health Professional Network, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content.

Use of Data and Attribution

Any use of the data made available through the Site or App for commercial purposes is strictly prohibited without prior written consent from DaktariUp2Date Health Professional Network. If you use (e.g., conduct research), transmit, display, reproduce, or publish any of the data made available through the Site or App, you agree to provide proper attribution to DaktariUp2Date by expressly citing DaktariUp2Date as the source of the data and providing the URL or a link to the relevant DaktariUp2Date website. Please contact us directly at info@daktariup2date.com if you have any questions about our attribution requirements.

Our Trademark Rights

DaktariUp2Date is wholly owned and managed by Tiba Life Sciences Ltd., and is protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Marks and trade names not owned by DaktariUp2Date and mentioned on the Site are the property of their respective owners. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of DaktariUp2Date or any third party.

Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our Site or Apps without authorization in a way that constitutes copyright infringement, please contact us with the following information:

  1. identification of the copyrighted work claimed to have been infringed;
  2. identification of the allegedly infringing material on the Site or App that is requested to be removed;
  3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
  4. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and
  6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

We will remove any content that allegedly infringes upon the copyright of any person under the laws of the Kenya Copyright Board under section 5 of Cap 130, and will terminate the privileges of those who repeatedly infringe on the copyright of others. Republic of Kenya law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

  1. delete or revise any material or other information of any other user;
  2. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  3. take any action that imposes an unreasonable or disproportionately large load on the Site or App’ infrastructure;
  4. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or App or any activity being conducted on the Site or App;
  5. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or App other than the search agents available on the Site or App and other than generally available third-party web browsers;
  6. attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site or App;
  7. solicit users of the Site or App to join other sites or online services or organizations;
  8. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges; or
    (i) engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or App, or that, in our sole judgment, exposes us or any of our users or any other third party to any liability, damages, or detriment of any type.

You further agree not to violate or attempt to violate the security of the Site or App, including, without limitation:

  1. accessing data, servers, systems, networks, or accounts not intended for you or without authorization;
  2. attempting to probe, scan or test the vulnerability of a server, system, network, or account or to breach security or authentication measures; or
  3. attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, we will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Kenyan Audience

The Site and App are controlled, operated and intended for use only in Kenya. DaktariUp2Date does not represent that materials, therapies, or medicines discussed on the Site and App are appropriate or made available for use outside Kenya.

Registration and Restricted Features

To receive updates from DaktariUp2Date you must become a registered user. When registering, you must provide your name and email address. Access to some features or portions of the Site may be restricted. You agree to provide accurate, current and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Site or App, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us if you become aware of any unauthorized use of your password or username or any other breach of security.

Privacy Statement

Your use of the Site or App will be governed by our Privacy Statement. By using the Site or App, you indicate that you understand and consent to the information practices described in our Privacy Statement.

No Endorsements

The Site or App may refer to or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Links to Other Sites

The Site or App may contain links to websites not operated by DaktariUp2Date. DaktariUp2Date provides these links for your convenience only, and does not review, control, or monitor the content or materials on any other websites. DaktariUp2Date is not responsible for the performance of those sites or for your business dealings with them. Your use of other websites is subject to the terms of use of those sites, including the privacy policies of those sites.

Your Feedback, Comments, and Ideas

While DaktariUp2Date is pleased to receive feedback, comments, and ideas from users of the Site or App, we want you to understand that any information that you submit through the Site or App will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how, techniques, or materials to DaktariUp2Date through the Site or App, you hereby grant DaktariUp2Date an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that DaktariUp2Date is free to use them for any purpose.

No Warranties

ALL CONTENT ON THE SITE OR APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. DAKTARIUP2DATE AND EACH OF ITS MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE “PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR DATA AVAILABLE THROUGH THE SITE OR APP, OR THAT THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE OR APP IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS OF USE OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE IS TO DISCONTINUE YOUR USE OF THE SITE OR APPS. YOU AGREE THAT IN NO WAY SHALL THE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR APP, OR ANY DAMAGE RESULTING FROM ANY CONTENT OR MATERIALS POSTED ON THE SITE OR APP, INCLUDING ANY INFORMATION OR OPINIONS POSTED ON THE DISCUSSION BOARDS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS DAKTARIUP2DATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS MENTIONED ON THE SITE OR APP. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF ANY OF THE PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARTIES AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE OR APP FROM ANY LOSS, DAMAGE, OR COST (INCLUDING LEGAL FEES) RESULTING FROM YOUR VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW.

Governing Law

These Terms of Use and all matters relating to your access to, or use of the Site or App shall be governed by the laws of the Republic of Kenya. You agree that any legal action or proceeding between you and DaktariUp2Date Health Professional Network, and/or its officers, directors, employees, agents and suppliers, for any purpose concerning these Terms of Use or in any way related to the Site or App shall be brought exclusively in a court of competent jurisdiction sitting in the Republic of Kenya. Any such legal action must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

DaktariUp2Date reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. Our failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of our rights.

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

These Terms of Use and our Privacy Statement are the complete agreement between you and DaktariUp2Date with respect to your use of the Site or App. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DaktariUp2Date as a result of your access to and use of the Site or App. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. DaktariUp2Date shall have the right to assign, transfer and sublicense these Terms of Use, and its rights and obligations hereunder, to one or more other persons or entities.

Questions

Please contact DaktariUp2Date at info@ daktariup2date.com if you have any questions or comments about these Terms of Use.