Terms of Use

Scope of these Terms of Use

We provide users of the Daktari Media Africa Health Professional Network 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 Daktari Media Africa Health Professional Network is comprised of several websites: DaktariOnline.co.ke and Daktari Online Licensing (referred to collectively as the "Professional Sites"), including any mobile optimized versions of the Professional Sites and the Daktari Online Mobile Device Application. These properties are owned and operated by Daktari Media Africa LLC. References to "Daktari Media Africa" in this Privacy Policy mean Daktari Media Africa LLC, including any company that Daktari Media Africa controls (for example a subsidiary that it owns). Reference to "we" or "our" means Daktari Media Africa.

Our Information

The information that we make available through the Services is intended for physicians and other healthcare professionals. 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.

Clinical 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.

Daktari Media Africa Health Directory

The Daktari Media Africa Health Directory is provided for informational purposes only. The Daktari Media Africa Health Directory is provided on an "AS-IS" basis. Daktari Media Africa 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.

Proprietary Rights

You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under Kenyan and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the Services, in whole or in part. You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials.

Member Conduct when Using Community and Communication Services

If you use a community and communication feature of the Services, such as Daktari Online Mail, Daktari Online eConsult, blog or discussion service (each, a "Community and Communication Service"), you are responsible for all communications, information, data, text, music, sound, graphics, messages and other material ("Content") that you upload, post, transmit, email or otherwise distribute through a Community and Communication Service.

When you use a Community and Communication Service, you agree not to:

• Violate local, state, national, or international laws
• Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
• Post, upload, email, transmit or otherwise distribute any Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
• Harm minors in any way
• Post advertisements or solicitations of business
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
• Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam
• Impersonate another person or business entity or stalk or otherwise harass another person
• Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code
• Harvest or otherwise collect information about others, including email addresses
• Allow any other person or entity to use your identification for posting or viewing comments
• Interfere with or disrupt a Community and Communication Service or computers, networks or other hardware connected
• Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Community and Communication Service
• Fail to respect other users' privacy
• Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way

Information that You Provide to the Services

When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. For example, if you post a comment to Daktari Online eConsult, you grant us the right to display that comment through the Services for as long as we want. We will consider requests to remove information that you make publicly available through the Services on an individual basis.

Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Privacy Policy

The purpose of our privacy policy is to identify the information we may collect about you when you use the Professional Sites and related Services and describe the uses we may make of such information, the security measures we take to protect it, and your options for controlling such information. You can review our privacy policy at http://www.daktarionline.co.ke/privacy

Laws that Govern this Agreement

We control those components of the Services made available through our respective websites from our offices within Nairobi in Kenya. The Services can be accessed from any part of Kenya and from other countries worldwide. Since the laws of each country able to access the Services may differ, by accessing the Services, you agree that the statutes and laws of Kenya, without regard to choice of laws principles, will apply to all matters relating to use of the Services.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities.

Liability

Your use of the Services is at your own risk. The Services and information included therein are provided on an "as is" basis. WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the accuracy, reliability, completeness, current-ness, or timeliness of the Services or information contained therein, or the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.

Indemnity

You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Daktari Online Customer Support at support@daktarionline.africa and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the website, these Terms of Use constitutes the entire agreement between you, Daktari Media Africa and Daktari Online with respect to your use (and prior use) of the Services.