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 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. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We each follow standard sets of editorial procedures for information that we each make available through the Services. However, we don't offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from Services we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your physician or another 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. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.
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. Without limiting the foregoing, Daktari Media Africa and its licensors do not warrant or represent that the Daktari Media Africa Health Directory or any part thereof is accurate or complete. You assume full responsibility for the communications with any physician, pharmacy or hospital you contact through the Daktari Media Africa Health Directory. The inclusion of a physician, pharmacy or hospital in the Daktari Media Africa Health Directory is not an endorsement of any such physician, pharmacy or hospital by Daktari Media Africa , any of its affiliates or any third party sponsor of any component of the Services.
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. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services including, without limitation, the Daktari Media Africa Health Directory.
Linking to Us
Usually, we don't mind if you include a simple link from your website to one of our Professional Sites. However, you must first ask our permission if you intend to frame one of our websites or incorporate portions or one of our websites into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.
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. Neither we nor our licensors are responsible for the consequences of the Content posted by you or any other party through a Community and Communication Service, and as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using a Community and Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available through a Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
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 as we may determine in our sole discretion;
- 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 through a Community and Communication Service;
- 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 designed to interrupt, destroy or limit the use of any computer software or hardware;
- Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
- 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 to a Community and Communication Service, or disregard any requirements or policies of networks connected to a Community and Communication Service;
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Community and Communication Service, or which, in our sole judgment, exposes us or our customers or suppliers to any liability or detriment of any type;
- Fail to respect other users' privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
- 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; or
We may (but are not obligated) do any or all of the following without notice:
- Record or pre-screen the dialogue in a public chat room;
- Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the Content;
- Edit Content.
You agree and acknowledge that the processing and transmission of a Community and Communication Service, including your Content, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.
Information that You Provide to the Services
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.
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. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you access the Services from outside Kenya, you are responsible for compliance with the laws of your jurisdiction.
Termination and Modification
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 following:
- The accuracy, reliability, completeness, current-ness, or timeliness of the Services or information contained therein.
- 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.
Notice and Take Down Procedures and Copyright Agent
- 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.