(“Agreement”) set forth the general terms and conditions of your use of the “Phelicare”, a mobile application and/or web version of that mobile application (“Mobile Application and/or its Web version”, herein collectively referred to as “App”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and owner of the App and its affiliates (“Phelicare Community Network Limited”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business, organization, hospital, medical clinic, Blood Donation & Transfusion Centre or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with terms of this agreement, you must not accept the agreement and may not access and use the App and Services. By accessing and using the App and Services, you acknowledge that this agreement is a contract between you and owner of the App, Phelicare Community Network Limited and its affiliates, even though it is electronic and is not physically signed by you, and it governs your use of the App and Services.
Our services are offered through this App. The broad purpose is to provide a communal approach to curb shortage of blood for transfusion in healthcare institutions across the world through an online platform which brings together willing, voluntary and non-remunerated blood donors, healthcare providers, hospitals, clinics, Blood Donation & Transfusion Centers (BDTCs), patients and their relatives, care givers, companies and organizations in a collaborative, mutual, participatory and fastest means. By using this App you stand to gain from any of the below services as shown in the two broad categories below depending on the category you belong;
You must be at least 16 years of age to sign up and use this App and Services. Further, in case you are signing up as an institution to use this App and Services, you must be representing a legally registered organization, hospital, medical clinic, Blood Donation and Transfusion Centre, business or any other entity in the country of operation of such entity and you represent that you have the authority to bind such entity to this agreement. By using the App and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age. If you create an account in the App, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may monitor and review new accounts before you may sign in and start using the Services. Providing false information of any kind may result in the termination of your account. Your account may also be inactivated or terminated for reasons deemed fit by the administrator of the App or upon your request.
You must immediately notify us of any unauthorized uses of your account or any other breeches of security. We will not be liable to any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You shall be allowed to terminate or delete your account or opt out of our services if you so wish.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or your conduct or content would tamper with or damage our reputation and goodwill and you shall not recreate an account without our permission.
Should a user intend to place an advertisment of any kind or communicate to other users a planned event or extra activity which are not part of blood donation mobilization aspect, then this shall attract a charge the App admin shall find appropriate.
You shall assign for your account the accurate information about yourself including; a username, which shall be your legal name and your blood group type (except for Institutions and businesses) as your primary and secondary identities respectively in the App, your phone contact, your nearest city or town as your location, your national identification number or passport number in case you are signing up as an individual citizen, your email address, your website & government assigned registration code/number in case you are signing up as an institution and any other information requested from time to time as a result of upgrade of the App.
Your username, blood group type and phone contact shall be viewable to other users and likewise you shall be able to view other users’ usernames, blood group and phone contact to enable the App serve its purpose.
Your identity card number or passport number shall be of use to hospitals, BDTCs, Clinics and organisations in adding a donation acknowledgement to you within the App every time you donate blood so you will be able to possess an all in one platform for all your donations and be able to download your donation acknowledgment certificate on your end any time anywhere under circumstances that the attending hospital, clinic, BDTC or organisation is an active user within this App.
Your email address shall be useful in getting necessary communication/notification from the App including when you are resetting your account password for any reason.
Your phone contact, location and blood group shall be helpful in enabling you to reach out to other users or be reached out to by other users under circumstances that you or they are searching for nearest blood donor of a certain blood group(s) to assist a patient.
You shall create only a single account for your personal use and keep private your password.
You shall not use the App to cause threats, insecurity, physical harm, physiological harm or emotional harm, theft or conning, money laundering, charging fees or any form of remuneration or compensation for any blood donation made by you or violate according to applicable law in any way the rights of other users.
Hospital, medical clinic, Blood Donation & Transfusion Center or organization shall be required to create an account within the App for purposes of acknowledging any voluntary donations done by individual citizen who use our App and services because it is by this that the App shall meet its purpose of providing donor traceability, donor retention and an all in one platform for all donations done by a user.
Hospital, medical clinic, Blood Donation & Transfusion Center or organization shall not contact via phone call or text message or notify within the App, users on matters other than blood donation requests unless through the App admin.
We shall serve within our means to meet the purpose of the App and to confer benefits to users as explained under “purpose and service” section of this agreement.
We shall keep confidential your email address, national identity or passport number, gender, your donation centers, and other personal data we require from you with exception of phone contact, locality, username and blood group type required of you under commitment section of this Agreement which shall not be shared by us in whatever form or means but shall be viewable by your fellow users purposely during search for voluntary blood donor(s) nearest to a patient.
We shall amend upon user’s request any typing errors which may be made by the user, their representative, agent, officer or staff while entering data about their clients or customers when offering services to such clients or customers using the App; this data shall include but not limited to details on donation acknowledgment certificate, donation history, adding or registering a donor or any related data.
We shall grant any user the right to edit their profile at any time or realign it with any updated information about themselves as long as they are not infringing or violating rights of other users.
We shall provide training on use of the App through applicable means when requested by any user to the understanding of such user.
We shall resolve within our means technical hitches users of the App may experience in their usage of the App.
We commit to delete or deactivate an account when the user holding such accounts requests us to do so in case of which all or some of the data related to such accounts shall no longer be available with us.
We shall avail this “terms and conditions” to users of the App or anyone willing to be a user, as a printable document or in format we shall be able to upon request by such users.
We shall provide to extent possible evidence of part or whole of activity within the App when required by a court of competent jurisdiction under circumstances that such are required purposely to protect against insecurity, threats or related harm to user(s) or to remedy already executed violation to user(s).
We do not own any data, information or material (collectively, “Content”) that you submit in the App in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
We may, but have no obligation to, monitor and review the Content in the App submitted or downloaded by using our services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our policies or is in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial, marketing or any similar purpose.
We perform regular backups of the Content and will within our means ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Although the App and Services may link to other resources (such as websites, mobile applications, e.t.c), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offering of any businesses or individuals or the content and their resources. We do not assume any responsibility or liability for actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the App. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the App and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules or local ordinances;
(d) for plagiarism, infringement upon or violation of our intellectual property rights or intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other form of malicious code that will or may be used in any way that will affect the functionality or operation of the App and Services, third party products and services, or the internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the App and Services, third party products and services or the internet;
(k) to charge fees, remuneration or compensation for any blood donation made by you.
We reserve the right to terminate your use of the App and Services for violating any of the prohibited uses.
“intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all application and rights to apply for and be granted, rights to claim priority from such rights and all similar or equitable rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Phelicare Community Network Limited and its affiliates or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Phelicare Community Network Limited.
Some trademarks, service marks, graphics and logos used in connection with the App and Services or its licensors may be trademarks of other third parties and your use of the App and Services shall not grant you the right or license to reproduce or otherwise use such trademarks except when authorised by the owner(s).
To the fullest extent permitted by applicable law, we make no guarantee that our services will be free from errors, delays or interruptions and in no event will Phelicare Community Network Limited or its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, warranty, breech of statutory duty, negligence or otherwise , even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Phelicare Community Network Limited and its affiliates, officers, employees, agents, suppliers and licensors relating to the service will be limited to an amount no greater than one US dollar or any amounts actually paid in cash by you to Phelicare Community Network Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or falls of its essential purpose.
Except as expressly set forth in this agreement, our Services are available on an “As is” and “As available” basis.
You agree to indemnify and hold Phelicare Community Network Limited and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the App and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be binding only to extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable by a court of a competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kenya. The exclusive jurisdiction and venue of actions related to the subject matter hereof shall be the courts located in Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceedings arising out of or related to this agreement. The United Nations Convention on Contracts for International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this agreement or its terms related to the App and Services at any time at our discretion. When we decide to modify, we will revise the updated date at the bottom of this page, post a notification in the App. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
Any updated version of this Agreement will be effective immediately upon publishing of the revised Agreement unless otherwise specified. Your continued use of the App and Services after the effective date of the revised Agreement (or such act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read and understood this Agreement and agree to all its terms and conditions. By accessing and using the App and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the App and Services. This “terms and conditions”, was created with the help of WebsitePolicies.
If you have any concerns regarding this Agreement, we encourage you to contact us using the details below: email; support@phelicare.com, web; https://www.phelicare.com/contact, Date when these terms and conditions are updated is 10th Sep 2024.