The Pill Shop Ltd ("TPS”) is the author and publisher of the internet resource www.thepillshop.com. TPS owns and operates the services provided through the Website.
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)”, "you” or "User”); or A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User”, "you” or "User”); or otherwise a user of the Website ("you” or "User”).
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by TPS, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of TPS, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreementas available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of TPS. The Agreement is published in compliance of, and is governed by the provisions of Kenyan law, including but not limited to:a) Law of Contract Act Chapter 23 of the Laws of Kenya;
You must be 16 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to TPS that you are 16 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3.1.2 TPS may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of TPS’s services and to build new services.
3.1.3 The Website allows TPS to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
3.1.6 TPS shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to TPS or to any other person acting on behalf of TPS.
3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify TPS of any actual or suspected unauthorized use of the User’s account or password. Although TPS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TPS or such other parties as the case may be, due to any unauthorized use of your account.
3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TPS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,TPS has the right to discontinue the Services to the User at its sole discretion.
3.1.9TPS may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
Listing of Doctors will be by alphabetical order. This does not show any ranking or endorsement by TPS.
3.3.1TPS collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. TPS takes reasonable efforts to ensure that such information is updated at frequent intervals. Although TPS screens and vets the information submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3.3.2The Services provided by TPS or any of its licensors or service providers are provided on an "as is" and "as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). TPS does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. TPS does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, TPS disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by TPS or any User in relation to any User or services provided by such User.
3.3.3The Website may be linked to the website of third parties, affiliates and business partners. TPS has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that TPS endorses the linked site. User may use the links and these services at User’s own risk.
3.3.4TPS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
3.3.5If TPS determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, TPS reserves the right to immediately suspend your access to the Website or any of your accounts with TPS and makes such declaration on the website alongside your name/your clinic’s name as determined by TPS for the protection of its business and in the interests of Users. You shall be liable to indemnify TPS for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected TPS or its Users.
3.4.1While TPS will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, TPS does not guarantee that a patient will get a confirmed appointment. Further, TPS has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
3.4.2 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold TPS responsible for any such interactions and associated issues. For avoidance of doubt, TPS is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by TPS of any such particular Practitioner. TPS shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
3.4.3Payment and Cancellation Policy In the event, a patient is unable to attend a booked appointment; cancellation should be done 2 hours prior to the time blocked for the appointment. Cancellation may only be done through the website (www.thepillshop.com) 24 hours from booking the appointment. After this time, the doctor’s office must be called to reschedule or cancel the appointment. A User will not be able to cancel an appointment more than 3 times within 30 days through the website. The consultation fee indicated for each Practitioner is an average cost. A practitioner is able to change this at their will without prior notice.
3.4.4 TPS will not be liable for: - Any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); - Any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties; - Any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff; Cancellation or rescheduling of booked appointment or any variance in the fees charged; Any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
3.4.5 Further, TPS shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at TPS’s sole discretion and may be modified or withdrawn at its sole discretion. TPS may moderate such feedback at any time. TPS shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.
3.4.6. A user can only book one appointment with a doctor at a particular time. The system will not allow a user to book appointments with 2 different doctors at that particular time.
3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between TPS and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from TPS, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
3.6.1Q&A is a feature on the application that enables Practitioners and patients to connect with each other. It enables Users to connect with Practitioners by posting health related queries on the application, which will be visible on the public health feed. These questions must be general and basic without providing any personal details. Practitioners can respond to such queries. The public queries posted by the Users are sent to multiple Practitioners, chosen through a fully automated system. The automated system chooses Practitioners based on their specialty.TPS will not be responsible for the Practitioners chosen to respond to the queries. This is not considered an online consultation.
3.6.2Terms for Practitioners: The Practitioner shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, TPS has the right to show other available Practitioners to the patient or remove Practitioners from the platform/site.
As a User, you understand that, TPS is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner. If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. TPS shall not be responsible for any breach of service or service deficiency by any Practitioner.
3.7.1Health Tips is an online content platform available on the website, wherein Practitioners who have created a TPS profile can login and post health and wellness related content
3.7.2A User can use TPS Health feed by logging in from their account
3.7.3 TPS shall have the right to edit or remove the Content and any comments in such manner as it may deem TPS Health feed at any time.
3.7.4 The Practitioner agrees not to upload Content which is defamatory, obscene or objectionable in nature and TPS reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve TPS from and indemnify TPS against all claims that may arise as a result of any legal claim arising from the nature of the Content posted on TPS Health Tips.
3.7.5 A User may also use TPS Health Tips in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
3.7.6 User acknowledges that the Content on TPS Health Tips reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of TPS.
3.7.7 The User agrees not to post any comments on TPS Health Tips that violate the intellectual property of any other person. TPS reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve TPS from and indemnify TPS against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on TPS Health Tips.
3.7.8User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and TPS reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve TPS from and indemnify TPS against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on TPS Health Tips.
3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to TPS. The information that is collected by TPS directly or indirectly from the End- Users and the Practitioners shall belong to TPS. Copying of the copyrighted content published by TPS on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and TPS reserves its rights under applicable law accordingly.
3.8.2TPS authorizes the User to view and access the content available on or from the Website solely for booking appointments and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "TPS Content"), are the property of TPS and are protected under copyright, trademark and other laws. User shall not modify the TPS Content or reproduce, display, publicly perform, distribute, or otherwise use the TPS Content in any way for any public or commercial purpose or for personal gain.
3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
By using this Website, you agree that any information shared by you with TPS or with any Practitioner will be subject to our Terms.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content”) relating to Practitioners or other healthcare professionals. The role of TPS in publishing Critical Content is restricted to that of an ‘intermediary’ under the Kenya Communication (Amendment ) Act 2008.. TPS disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. TPS shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
You agree that TPS may contact you throughemail, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation to Website or TPS’s services; and/or Obtaining feedback in relation to any Practitioners listed on the Website; and/or Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by TPS.
TPS may provide End-Users with a free facility known as ‘Medical Records’. Information available in your Records is of two types:
User-created: Information uploaded by you or information generated during your interaction with TPS ecosystem, eg: appointment.
3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and TPS does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, TPS is not liable for any interruption that may be caused to your access of the Services.
3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner.
3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. TPS is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with TPS.
3.10.6TPS uses industry–level security and encryption to your Health Records. However, TPS does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform TPS of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to firstname.lastname@example.org.
3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. TPS assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify TPS and its officers against any such claim or liability arising out of unauthorized use of such information.
3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
3.10.9You may lose your "User created” record, if the data is not synced with the server.
3.10.10If the Health Record is not assessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
3.10.11TPS is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. TPS is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
3.10.13TPS is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
3.10.14TPS has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
3.10.15TPS will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
3.10.16You agree and acknowledge that TPS may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
3.10.17You acknowledge that the Practitioners you are visiting may engage TPS's software or third party software for the purposes of the functioning of the Practitioner’s business and TPS's services including but not limited to the usage and for storage of Records (as defined in Section 3.10)
3.10.18To the extent that your Records have been shared with TPS or stored on any of the TPS products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by TPS pertaining to such previously visited clinics and hospitals who have tie ups with TPS for the purposes of their business and for TPS's services including but not limited to the usage and for storage of Records (as defined in Section 3.10). In accordance with the applicable laws and further agree, upon creation of your account with TPS, to the mapping of such Records as may be available in TPS’s database to your User account.
The terms in this Clause 4 are applicable only to Practitioners.
4.1 LISTING POLICY
4.1.1TPS, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. TPS reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform TPS immediately to enable TPS to make the necessary amendments.
4.1.2TPS shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
4.1.4TPS reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. TPS also ensures all doctors registered to the platform are on the Current Retention Register of the Medical Practitioners and Dental Board. However, TPS shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
4.1.5Practitioners explicitly agree that TPS reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
4.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and TPS accepts no liability for the same.
TPS ensures easy access to the Practitioners by providing a tool to update your profile information. TPS reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, TPS takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using TPS’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, TPS may modify or delete parts of your profile information at its sole discretion with or without notice to you.
4.3.1All Critical Content is content created by the Users of www.thepillshop.com ("Website”) and the clients of TPS customers and Practitioners, including the End-Users. As a platform, TPS does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Kenya Communication (Amendment ) Act 2008 . The role of TPS and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.2TPS reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
4.3.3TPS shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. TPS shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. TPS however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
4.3.5TPS will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable in relation to Critical Content posted on the Website.
4.3.6If TPS determines that you have provided inaccurate information or enabled fraudulent feedback, TPS reserves the right to immediately suspend any of your accounts with TPS and makes such declaration on the website alongside your name/your clinics name as determined by TPS for the protection of its business and in the interests of Users.
TPS has designed the Practitioners listing to be in Alphabetical Order under their respective specialty. The specialties are also listed under Alphabetical Order.
TPS reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads” on the Practitioners Module. Without prejudice to the status of other content, TPS will not be liable for the accuracy of information or the claims made in the Sponsored ads. TPS does not encourage the Users to visit the Sponsored ads page or to avail any services from them. TPS will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and TPS accepts no liability for the same.
5.1TPS hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
violating or attempting to violate the integrity or security of the Website or any TPS Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by TPS; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the TPS Content or other information available from the Website; framing or hot linking or deep linking any TPS Content. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
5.3TPS, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. TPS shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5.5TPS may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. TPSis only permitted to transfer sensitive personal data or information including any information, to any other body corporate or a person in Kenya or located in any other country, that ensures the same level of data protection that is adhered to by TPS., only if such transfer is necessary for the performance of the lawful contract between TPS or any person on its behalf and the User or where the User has consented to data transfer. TPS respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
6.1TPS reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of your use of the Services; TPS is unable to verify or authenticate any information provide to TPS by a User; TPS has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or TPS believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for TPS or are contrary to the interests of the Website.
6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
In no event, including but not limited to negligence, shall TPS, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for: provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website; any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Ksh. 1000/- (Ksh One Thousand Only).
TPS may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; Computer web server logs may be preserved as long as administratively necessary.
9.1You agree that this Agreement and any contractual obligation between TPS and User will be governed by the laws of Kenya.
9.2 Disputes shall be resolved by mutual negotiation and agreement between the Parties. If the dispute has not been settled pursuant to the amicable settlement process within fourteen (14) days or such longer period as may be agreed upon between the Parties from when the amicable settlement process was instituted, any Party may elect to commence arbitration. Such arbitration shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement within fourteen (14) days of the notification of a dispute, the arbitrator shall be appointed upon the application of either Party, by the Chartered Institute of Arbitrators (Kenya Chapter) (the "Institute”). Such arbitration shall be conducted in Nairobi, Kenya in accordance with the Rules of the Institute. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties hereto. Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting obligations hereunder. Nothing in this Agreement shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court having jurisdiction.
10.1If a User has any questions concerning TPS, the Website, this Agreement, the Services, or anything related to any of the foregoing, TPS customer support can be reached at the following email address: email@example.com or via the contact information page available on the website: www.thepillshop.com
10.2If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Tanvi ShahDesignation: CEO Address: P. O. Box 1543-00621, Nairobi,Kenya- Email: firstname.lastname@example.org Telephone: +254700527520
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by TPS. Any consent by TPS to, or a waiver by TPS of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
1.2ONLINE APPOINTMENT BOOKING FACILITY Online Appointment Booking is a facility offered by thepillshop.com to patients for booking appointments online with our partners.
1.3OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY The two-fold objective of thepillshop.com is to ensure: Excellent experience for our patients by minimizing their waiting time Excellent experience for our partners by maximizing their utilization of time
1.4MANDATORY TERMS OF SERVICE FOR PARTNERS Every doctor should honour all appointments booked via www.thepillshop.com. It is mandatory that the patient meet the same doctor with whom the appointment has been confirmed. The doctor should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment. Non-compliance to the above will lead to poor patient experience
1.5MANDATORY TERMS OF SERVICE FOR PATIENTS ‘Instant - Book Appointment’ button on www.thepillshop.com is a privilege given to the Patient. TPS reserves the right to withdraw this in case of repeated instances of "Patient No Show”.