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The Services (as defined below) are provided to you subject to the following Terms of Use, which may be updated from time to time without notice to you. You will always be able to view the most current version by clicking on a link at the bottom of any page within the Daktari Media Africa  Health Professional network of websites. By using the Services, you agree to these Terms of Use, whether or not you are a registered member of the Daktari Media Africa  Health Professional Network. If you do not agree to all of these Terms of Use, do not use these Services!


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. 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.

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. 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.
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. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

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:

  1. Violate local, state, national, or international laws;
  2. 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;
  3. 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;
  4. Harm minors in any way;
  5. Post advertisements or solicitations of business;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Community and Communication Service;
  7. Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
  8. Impersonate another person or business entity or stalk or otherwise harass another person;
  9. 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;
  10. Harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing comments;
  11. Allow any other person or entity to use your identification for posting or viewing comments;
  12. 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;
  13. 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;
  14. 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;
  15. 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:

  1. Record or pre-screen the dialogue in a public chat room;
  2. 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;
  3. Remove Content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  4. Terminate your access to any or all Community and Communication Services upon our determination that you have violated these Terms of Use; or
  5. Edit Content.


You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that we may investigate your use of a Community and Communication Service in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, governmental request or legal process.
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
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 (contact us at the email address we provide at the end of this document). For information that you submit to areas of the Services that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We have provided the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties' use or misuse of information transmitted or received using 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.

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. 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.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement and Consequences.

We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our affiliates harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the Kenyan Arbitration Act, and the venue for the arbitration will be Nairobi.
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. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

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 following:

  1. The accuracy, reliability, completeness, current-ness, or timeliness of the Services or information contained therein.
  2. 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.

In no event will we, our licensors, our suppliers, or any third parties mentioned on any Professional Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services shall be liable only to the extent of actual damages incurred by you, not to exceed KES.10,000. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. and providing the following information:

  1. 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.
  2. 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.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. 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.
  5. 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.
  6. 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.