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Introduction

The use of this Website and services on the website provided by Healthier (K) Medical Technologies and Solutions Limited (hereinafter referred to as the Company) are subject to the following terms and conditions (hereinafter referred to as the Agreement) and shall be governed for the use of website pages and services (hereinafter referred to as the Website Services)

  1. Definitions

    The parties to this agreement shall be defined as follows;

    1. The Company, we or us is the creator, operator and publisher of this website and ensures services are available to all its authorized users.
    2. You, user, Customer or client is the persons using the website to access services.
    3. "Password" means any secret and confidential code for using the Site and/or to avail of any products and services provided by us to you and/or selected by you and/or subsequently changed by you at your discretion.
    4. "Site" means the Healthier Kenya Online Portal.
    5. “Products” means any of the products offered by Healthier Kenya through the Site.
    6. "Username" means and includes an identification code which is selected by us and/or you for operating the Site and/or to avail of any Products or services provided by us to you.

  2. Assent and Acceptance

    You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. These terms and conditions come into effect immediately when you access or register for any Healthier Kenya products and/or services. We will automatically onboard you on the portal unless you opt out.

  3. Age Restriction

    1. You must be at least Eighteen Years and above to use this website or services offered herein.
    2. You represent and warrant that you are Eighteen Years and above and legally agree to this agreement.
    3. The Company assumes no responsibility nor liability for any misrepresentation of your age.
  4. License to use the website

    1. The company will provide you with materials in your use of the website but the information is not limited to data, documentation or information developed by the Company, it will only be materials to assist you in the use of the website.
    2. The Company grants you a non- exclusive, non – transferable and a limited and revocable license to use the website services solely for purpose of assessing services offered and in case of breach of the same, the Company shall automatically terminate the agreement with You.
    3. The Company grants you a non- exclusive, non – transferable and a limited and revocable license to use the website services solely for purpose of assessing services offered and in case of breach of the same, the Company shall automatically terminate the agreement with You.
    4. These terms and conditions govern your use of the Site and by accessing this Site and acknowledging receipt of the Username and Password you agree to be bound by them.
    5. Please note that if you are an existing - Company’s customer, these terms will apply in addition to those in the application form or policy document signed by you.
    6. We reserve the right to change these terms and conditions at any time and without notice to you and your continued access to or use of this Site following any such change shall constitute your acceptance of the revised terms and conditions.
    7. Healthier Kenya reserves the right to accept or decline any application for access to and use of the Site at its sole discretion.
    8. The processing of your application and the subsequent registration for access to and use of the Site will be done within (5) working days of submitting your application. We reserve the right to request for additional information from You to enable us process your application.
    9. It is your sole responsibility to familiarize yourself with the operating procedures for the Site as will be provided by the Company upon your registration to access and use the Site. -The Company will not be liable for any losses incurred as a result of your errors of commission and/or omission in using the Site.
    10. You agree and undertake to be bound by and to comply with all of the procedures for access and use of the Site as may be issued by the Company from time to time. We shall not be bound by or obliged to take any action on any instructions which do not properly comply with such procedures and the Company may reject such non-compliant instructions.
  5. User Registration

    1. We shall provide you with a Username and Password (“Credentials”) for your access to the Site. You hereby agree to keep your Credentials secret and not to disclose them to any third party. You shall take all reasonable care to prevent unauthorized or fraudulent use of the Site using your Credentials. We will not be held liable for any losses arising from the unauthorized use of your Credentials.
    2. You agree that you shall notify us immediately should you suspect or become aware that your Credentials have been compromised, through our customer service team.
    3. This Site is available to individuals holding individual customer accounts and customer accounts held jointly by two or more people and will be operated as according to the account mandates held by us.
    4. This agreement applies if you have a policy or account with Healthier Kenya, or wish to subscribe to the Healthier Kenya and it explains our obligations to you and your obligations to us.
  6. User Obligations and Acceptable Use

    1. As a user of the website upon successful registration you agree not to use this website unlawfully or damage the website services and the Company reputation, image and business.
    2. You further agree not to use the website or services;
      1. To harass, abuse, threaten or violate other user’s legal rights
      2. To violate any of the Company’s intellectual property or third-party rights
      3. To perpetrate fraud or any unlawful activity
      4. To publish any obscene or defamatory materials/content
      5. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
      6. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
      7. Use a buying agent or purchasing agent to make purchases on the Site.
      8. Use the Site to advertise or offer to sell goods and services.
      9. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
      10. Engage in unauthorized framing of or linking to the Site
      11. Misuse this Site (including, without limitation, by hacking).
    3. The Company may in its sole discretion terminate your access to or use of the Site for any reason, including without limitation where we believe that you have not acted in accordance with these terms and conditions.
    4. This Site is designed to be accessed from our homepage. Accessing a specific page within this Site via a hypertext link may mean that you do not see important information about this Site or the conditions for its use.
    5. The Company will endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Also, your access to the Site may also be suspended temporarily or restricted without notice to allow for repairs, maintenance, or the introduction of new Products, or services or for reasons beyond our control.
    6. The Company reserves the right to enhance the Site at any time without notice to you. It is your responsibility to keep updated with these enhancements. We will make all reasonable efforts to notify you of any changes or updates.
    7. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
  7. User Representations

    1. By using the Site, you represent and warrant that:
      1. all registration information you submit will be true, accurate, current, and complete;
      2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
      3. you have the legal capacity and you agree to comply with these Terms and Conditions;
      4. you will not use the Site for any illegal or unauthorized purpose;
      5. your use of the Site will not violate any applicable law or regulation.
      6. You will be responsible for maintaining safety and security of your account.
    2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
  8. Intellectual Property

    1. The entire design and content of the Site is the copyright of -the Company. The - Company’s logo and name are registered trademarks. All trademarks, brand names, logos and designs used on this Site are our intellectual property and we remain exclusively entitled to all rights and interests relating to such intellectual property. We control, own and license all trademarks and copyrights and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Kenya and international conventions if any.
    2. You have limited access to download (all or in part), transmit, reproduce, distribute or modify this Site. You may also print out part or these entire Sites for your own personal use.
    3. If you feel that your Intellectual property rights has been infringed by us or other of our users by posting your information on media or otherwise, please feel free to contact us by addressing your complaint or claim to the following address; Name: Healthie (K) Medical Technologies & Solutions Limited Address: P.O. Box 3421-00506, Nairobi, Kenya 1st Floor, The Arch place, Nyangumi Road, Nairobi, Kenya Phone: +254 719 091 000 E-mail: info@healtheirkenya.co.ke
  9. Third Party Website and Contents

    1. The Company site may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
    2. Where the Company provide hypertext links to third party internet web sites, such links are provided for your information and convenience and the inclusion of any link it is not an endorsement by us in any way of any products or services in such web sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web sites or for any loss or damage, however arising, suffered as a result of their use. We have not verified the truth or accuracy of any content of such web sites.
    3. This Site may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material
    4. No third party is permitted to link any other web site to this Site without obtaining our prior written consent.
    5. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
    6. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
    7. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
  10. Site Management

    1. We reserve the right, but not the obligation, to:
      1. monitor the Site for violations of these Terms and Conditions;
      2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
      3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
      4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
      5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
  11. Term and Termination

    1. These Terms and Conditions shall remain in full force and effect while you use the Site. without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. we may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion.
    2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
    3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  12. Modifications and Interruptions

    1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
    2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
    3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
    4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
    5. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
    6. Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on http://www.healtheirkenya.co.ke (Website).
  13. Corrections

    1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

    Disclaimer

    1. The site is provided on an “as - is and as - available basis”, you agree that your use of the site and our services will be at your sole risk to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any;
      1. errors, mistakes, or inaccuracies of content and materials,
      2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
      3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
      4. any interruption or cessation of transmission to or from the site,
      5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
      6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
    2. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
    3. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  14. Limitations of Liability

    1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
  15. Indemnification

    1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
      1. Your Contributions;
      2. Use of the Site;
      3. Breach of these Terms and Conditions;
      4. Any breach of your representations and warranties set forth in these Terms and Conditions;
      5. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
      6. Any other harmful act toward any other user of the Site with whom you connected via the Site.
      7. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  16. User Data

    1. We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
    2. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
  17. Electronic Communications, Transactions, and Signatures

    1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
    2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
    3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  18. Data Protection

    1. It may be necessary for us to transfer, process and store data (including personal information) received through the Site. YOU HEREBY ACKNOWLEDGE AND CONSENT to Us
      1. transfer, storage and processing of such data; and
      2. use of such data for our own internal purposes, for the performance of these terms and conditions and as allowed or required by law.
      3. You acknowledge and agree that we do not monitor and shall have no liability or responsibility for the content of any information transmitted via the Site.
  19. Force Majeure

    1. For purposes of this clause 13, a "Force Majeure Event" means any unforeseeable and exceptional situation or event beyond a party’s control which prevents them from performing any of their obligations under these terms and conditions, and which was not due to error or negligence on their part and could not have been avoided by the exercise of due diligence.
    2. Neither party shall be liable for any delay or non-performance of their obligations under these terms and conditions due to a Force Majeure Event. The party claiming relief under this clause shall exercise commercially reasonable efforts to minimize the time for any such delay. If a Force Majeure Event persists beyond thirty (30) days, the parties hereby agree to meet and discuss an equitable solution taking into account the nature of the obligation involved, the likelihood of a workaround solution, and the extent to which the affected party is or shall be adversely affected. If a Force Majeure Event persists beyond ninety (90) days, then we shall terminate the Service immediately.
  20. Guidelines for Reviews

    1. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
      1. you should have firsthand experience with the person/entity being reviewed;
      2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
      3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
      4. your reviews should not contain references to illegal activity;
      5. you should not be affiliated with competitors if posting negative reviews;
      6. you should not make any conclusions as to the legality of conduct;
      7. you may not post any false or misleading statements;
      8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
    2. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
    3. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
  21. Miscellaneous Provisions

    1. Severability: In the event any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, such offending provision(s) shall be stricken and the remainder of the Terms and Conditions shall remain legal, valid and binding.
    2. Waiver: The failure by You or Us to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement of any such or other right on any later occasion.
    3. Assignment: You may not assign any right or obligation that may arise under these terms and conditions without Our consent. We may assign the terms and conditions without your prior written consent but you shall be notified of the assignment.
    4. Notice: Any notice or communication required to be given hereunder may be delivered by hand or email (with confirmation of delivery) at an address communicated by either party by notice in writing.
    5. Partnership/Agency: No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
    6. Entire Understanding: These Terms and Conditions constitute the entire understanding between You and Us. All prior written or oral agreements, understandings, communications or practices between You and Us are hereby superseded insofar as they relate to the Service.
    7. Governing Law and Dispute Resolution: These Terms and Conditions shall be governed by the Laws of Kenya. You may contact Us through our customer care contacts provided on our Website to report any disputes, claims or discrepancies in relating to the Service. Any dispute regarding the Service that is not resolved by our customer care representatives shall be forwarded to Our senior officers. If the dispute is not resolved within thirty days of such notification, You or We may refer the dispute to arbitration under the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act 1995.
    8. Returns and Refunds: If you are not entirely satisfied with your purchase, we’re here to help. Any changes to membership can only be made within the first 10 days from the date of commencement of cover as communicated by the Company provided that no claims have been incurred. The policy is nonrefundable once purchased.
    9. Contact us: If you have any more questions regarding your cover, please contact us through:
      1. Email: info@healthierkenya.co.ke
      2. Phone: +254 719 091 000
      3. Chatbot: Through our website chatbot Tumaini
      4. Social Media (Facebook, Twitter, Instagram, LinkedIn): @healthierke