These Terms and Conditions (“Terms and Conditions”) form a legal agreement between Ohospital Cloud Limited(Inc) together with all its affiliates and subsidiaries (“Ohospital” “We”), and you, the individual (“you” and “your”) concerning your access to and use of the various services offered through the Sites and the Ohospital platforms. These terms and conditions apply to the Ohospital website and the app and all of its subsidiaries, and affiliates operated Internet sites which reference these Terms and Conditions. Use of any of the Sites or platforms constitutes your acceptance of these Terms and Conditions of use. The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
a) By registering on the Platforms, you represent and warrant the following:
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of use, for the following:
In using the Site and platforms, you agree not to:
Any breach of these Terms and Conditions of use shall result in the immediate revocation of the license granted without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Any information that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any information, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Our aim is to ensure accessibility to the Site at all times, however, we make no representation of that nature and reserves the right to terminate the Site at any time and without notice.
You accept that service interruption may occur in order to allow for Site improvements, scheduled maintenance, or may also be due to external factors beyond our control.
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Ohospital. Any views expressed by third parties on the Site and platforms are solely the views of such third party and Ohospital assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
These Terms and Conditions shall be interpreted and governed by English Law. Each party hereby agrees to submit to the jurisdiction of the English courts.
The parties shall use their best efforts to amicably settle any dispute arising out of or in connection with this Agreement (including any question regarding its interpretation existence validity or termination). If such dispute controversy or claim cannot be settled within ten (10) days after receipt by one party of the other party’s request for such amicable settlement, the parties shall refer the dispute to a mediator agreed upon between them in accordance with the Kenya Law of Mediation Rules, which Rules are deemed to be incorporated by reference into this clause, and if within ten (10) days of one party requesting mediation the parties do not agree on a mediator or fail to settle the dispute through mediation, the dispute shall be referred to and finally resolved by arbitration under the Kenya Rules, which Rules are deemed to be incorporated by reference into this clause.
The language to be used in the mediation and in the arbitration shall be English.
In any arbitration commenced pursuant to this clause:
The award of the arbitrators shall be final and binding upon the parties and any party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitrators may take the form of an order to pay an amount or to perform or to prohibit certain activities.
Notwithstanding the foregoing, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrators.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Ohospital in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
This electronic document, and all other electronic documents referred to or incorporated herein, will be:
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Ohospital’s prior written consent. Ohospital may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
The Site and platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Ohospital disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose.
Ohospital does not warrant that the Site and platforms will be uninterrupted or error-free, that defects will be corrected or that the Site and Platforms or the server that makes it available are free of viruses or other harmful components.
Healthcare service representations expressed on this Site are those of the healthcare service providers and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Ohospital makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Site and platforms for a particular purpose. Ohospital assumes no liability arising from or relating to any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software, or other services, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site and/or Platforms.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Ohospital under the Terms and Conditions, please contact Ohospital using the following contact details: [email protected]