Our Terms & Conditions
The terms "We" / "Us" / "Our" / "Company" individually and collectively refer to Tech Care For All (and the terms "Visitor", "User" refer to the users. The terms "Visitor" and "User" shall include all Trainers and Trainees making use of the Website (defined hereinafter). A "Trainer" or "Merchant" refers to any person (or entity) making use of the Website to market, sell or provide medical training services ("Product(s)"). Any User who purchases any Product offered by a Trainer/Merchant through the Website shall be referred to as a "Trainee" or "Customer".
Acceptance of Terms and Conditions and Changes Thereto
This page states the Terms and Conditions under which you (Visitor) may visit this website and associated or linked services ("Website"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website. We may freely transfer or assign any portion of its rights or delegate its obligations under these Terms and Conditions.
You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms and Conditions without the prior written consent of the Company. You understand that the Website is meant for use by medical professionals and professionals within the healthcare industry (collectively termed as healthcare provider or HCP) only. You shall not offer for sale or market any Product through the Website unless you are a HCP and/ or accredited by the relevant authorities in your country of origin. Further, the Website should only be used or accessed by persons who are competent to enter into a legally binding contract.
Use of Content
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation's or entity's written permission.
Acceptable Website Use
Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. You shall not (and shall not permit any third party to) take any action or host, display, upload, modify, publish, transmit, update or share any information that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. Additionally, you shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defense, security or sovereignty of your country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. Furthermore, you shall not (directly or indirectly): ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (ii) bypass any measures we may use to prevent or restrict access to the Website (or parts thereof); (iii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction; (iv) modify, translate, or otherwise create derivative works of any part of the Website or any Products offered through the Website; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. The Company reserves the right to remove any content (including your profile) from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content via the report/spam button, or if the Company is concerned that you may have violated these Terms and Conditions, or for no reason at all with or without any notice to you. The Company or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Indemnity
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/Joint Venture partners and each of its, and its affiliates'/subsidiaries/JV partners' employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) Your use or misuse of, or access to, the website or any service or Product offered through the Website, (ii) your violation of these Terms and Conditions or any applicable law, contract, policy, regulation or other obligation, (iii) your violation of any applicable law or contractual obligation and any claims, demands, notices pursuant to such violation or (iv) your negligence or misconduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
Payments
Payments are accepted via the current payment method indicated prior to purchase. You agree to abide by any relevant terms of service or other legal agreement with any other party, that governs your use of a given payment processing method. The Company may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable laws, to facilitate the payment between Users i.e. Trainers and Trainees and for collection of the Company's fees and other charges.
These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorised for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. We shall initiate the remittance of the payments made by you for your purchase orders on the Website as may be agreed between the Company and Trainers/Merchants in accordance with applicable law.
Taxes: Taxes mean any duties, statutory levies, withholding taxes, indirect taxes or any other taxes associated with the payments of any product, including any related penalties or interest. You are responsible for any Taxes and must pay for Product without any reduction for Taxes. If we are obligated to collect or pay Taxes in connection with the Product, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your payment for Products. Our Cancellation and Refunds Policy govern any cancellation or refunds related to any Product. You are expected to read through the Cancellation and Refunds Policy prior to making any purchase through the Website. Please note, certain types of Products may require you to use a device that meets the system and compatibility requirements for such Products, which may change from time to time. Further, certain Products may be available only in specific geographic locations, you agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported geographical area, and you will not attempt to circumvent any restrictions on usage to or availability of the Product.
Liability
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the Website, service or/and for cost of procurement of substitute products or/and services or resulting from any Products or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service/Website, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party including any Trainer. In no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
Disclaimer of Consequential Damages
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Disclaimer of Warranties
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the website or services is at your sole risk and discretion. You are granted access to use the website on an "as-is," "with all faults," and "as available." You bear the risk of using it. We give no express warranties, guarantees, or conditions under or in relation to the website or services. We exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non- infringement. Whilst we will undertake all reasonable efforts and due diligence to ensure security and integrity, we will, in particular, not be liable for the following: delay or errors in transmission and/ or storage of information to or through the website that might occur from time to time intrusion, distortion, loss or forgery of data, etc due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control. You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, through the website.
Registration and Account Integrity
As part of the registration process/for creating your account on the Website, you may need to provide us with your phone number, your full name, your email address and such other details. Further, you may also be required to create an account with any third party website including but not limited to linked services. Your interactions with such third party website's shall be governed by such third party website's terms and conditions and privacy policy. It is your responsibility to ensure that the information you provide is accurate, secure, and not misleading. You can then create an account username/handle and password for yourself. You cannot (i) use words that are the trademarks or the property of another party (including ours); or (ii) words that are vulgar, obscene or in any other way inappropriate. It is your responsibility to not use words, pictures (in all formats), signs, symbols, etc. that are vulgar, obscene or in any other way inappropriate. We reserve the right to suspend or terminate any account in breach of the above conditions right with or without notice. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately in writing. We ensure easy access to the Users by providing a tool to update your profile/account information. We reserve the right to moderate the changes or updates requested by you, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile/account. You hereby represent and warrant that you are fully entitled under law to upload all content including Products uploaded/streamed or displayed by You as part of your profile/account or otherwise while using our website, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Use of Your Information and Content
If you create, transmit, submit, display or otherwise make available any information and content including any Product while using the Website, you may provide only information that you own or have adequate rights in to use, submit, display or otherwise make available. Although you remain the sole and complete owner of all information and content provided and/or uploaded by you on the Website (including any intellectual property rights in the same), you grant us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content to fully use that information in connection with providing you the services offered through the Website to the best of our abilities.
This includes license to use any of the content uploaded by you for advertising and marketing purposes, in order to promote the Website or healthcare by us or the Website merchants and/ or partners (content providers or sponsors) that you registered or enrolled with on the Website. However, we may only use the information you provide as permitted by our Privacy Policy, and applicable law. For example, we will never share your personally identifiable information without Your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your Personal Information. Our Privacy Policy is hereby incorporated into these Terms and Conditions by this reference. We reserve the right to maintain, delete or destroy all information, content and materials posted or uploaded through the Website pursuant to our internal record retention and/or destruction policies with or without any notice to you. We (may/may not) make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
Content and Services Provided by Third Parties
The Company may host or display any Product or contents pertaining to any other User or provide Users with links to, or contact information for, third party sites, content, Products or services. The Company is not responsible for, and does not endorse, any third-party content, sites, products or services mentioned on the Website. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by Company. Your interactions with any links, content, products or service provided by a third party through the Website shall be governed by Your agreement with such third party. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User's own risk and we make no warranties, express or implied regarding the quality or suitability of the services or Products of such third-parties. The Content listed on the Website is either (i) User generated, (ii) belongs to Company or (iii)has been licensed to the Company by third parties. The nature of ownership and use of the information and Content uploaded and/or provided by you has been clarified hereinabove. Your copying of the copyrighted content published by Company on the Website for any commercial purpose or for the purpose of earning profit will be a breach of the Company's, User's or any third party's intellectual property rights and Company reserves its rights under applicable law accordingly. We shall not be held responsible for the Products, opinions expressed by any User or the content posted by the Users or third parties.
Claims of Copyright Infringement
We respect the rights and intellectual property of others, and we ask our users to do the same. If you believe that your Product or other work has been misrepresented or misused in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest; 2) a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; 3) a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Website or any product; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and 6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf. Notices of disputes or claims of copyright or other intellectual property infringement can be sent through the following means:
Email to "[email protected]", with Subject Line: "Infringement"
Entire Agreement
You agree that these Terms and Conditions read with the terms of the Privacy Policy, the Cancellation and Refund Policy and/or any other terms/ policies relating to the Website will constitute the complete agreement between you and the Company and supersedes any and all proposals, representations or prior agreements, oral or written, and any other communications between you and the Company relating to the subject matter of these Terms and Conditions.
Severability
If one or more provisions of these Terms and Conditions are held to be If one or more provisions of these Terms and Conditions are held to be unenforceable under applicable law(s), the remainder of these Terms and Conditions will be valid and enforceable. Waiver If you breach these Terms and Conditions and the Company takes no action, the Company will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
Governing Law
These Terms and Conditions are governed by the laws of Belgium. You irrevocably consent to the exclusive jurisdiction of courts of Belgium for all disputes arising out of or relating to these Terms and Conditions. You hereby irrevocably waive any objection which you may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.
Communications
You consent to receive communications via electronic records from Us periodically and as and when required in relation to a Product or otherwise. We will communicate with you by email, phone calls, Short Messaging Services or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under applicable law and you hereby consent to receiving such communication from Us through the media mentioned hereinabove.
Grievance Officer
In the event you have any queries/complaints regarding usage of the Website, please contact.
Email to: "[email protected]", with Subject Line: "GRIEVANCE OFFICER – TECH CARE FOR ALL - EAST AFRICA". Letter/Mail to "Grievance Officer" at Address: "Nairobi Kenya, One padmore place 5th floor"