Terms and conditions
1. APPLICATION OF TERMS OF USE
1.1 These Terms of Use (hereinafter referred to as “Terms of Use”, “Terms”, “Agreement”) constitutes a legal agreement and applies to the relationship between Penda Health Limited as the proprietor of the Grace Health Application (hereinafter referred to as “Grace Health”, “Penda”, “Company”, “us”, “we”, “our”) and you when you use our Service.
1.2 As used in these Terms of Use, references to “you”, “your” and “user” refers exclusively to the individual who ultimately controls use of and access to the Services their dependent(s), if any, and any other person accessing their Grace Health Account and upon signing up for the Services, and consequently using the Services, you have read and agreed to Terms of Use.
1.3 As used in these Terms of Use, “our Services”, “the Services”, “Services” mean the general or personalized services for discovering, using, interacting and accessing content, including all technologies, data, information, features and functionalities, recommendations and user interfaces made available by the Company or its licensors and partners including partners’ portals (such as “websites”, “apps”, “phone numbers”) as well as all content and software associated with our Services which can be accessed over the Internet using our app or website on certain Internet connected devices such as mobiles, computers and other devices (“Authorized Devices”).
1.4 The Services are owned and operated by Penda Health Limited (Penda Health Limited, P.O BOX 22647-00100 Nairobi, Kenya) a limited liability company registered in Nairobi, Kenya.
1.5 These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Kenyan courts.
1.6 Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Stockholm as the first instance, unless otherwise provided by mandatory law.
1.7 Please read these Terms of Use carefully before using the Services. Your use of the Services indicates your acceptance of these Terms of Use and your agreement to be bound by them.
1.8 Your use of the Services is also subject to our personal data privacy policy, which includes information about how we use your personal data. Please read our data privacy policy https://www.pendahealth.com/data-consent before using the Services.
1.9 We may modify the Terms of Use at any time. We will notify you to accept modifications that considerably affect your rights. By continuing to use the Services after the Terms of Use have been updated, you will be considered to have agreed to those updated Agreements.
1.10 Features and specifications of products or services described or depicted on the App are subject to change at any time without notice.
1.11 You acknowledge that in the use of this app, you may be charged by the relevant mobile network operator or internet service provider for any data or mobile connectivity used by the App. You hereby accept responsibility in accordance with the terms of use of the App.
By using the App or any of our Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
2. Medical Services
2.1 Do not use the Services in cases of medical emergency; if you think you have a medical emergency, call emergency services.
2.2 While we attempt to keep all the information on the App up-to-date, medical treatment and knowledge change quickly. The App should not be considered error-free or as a comprehensive source of all information on a particular topic. We make no warranties or representations as to the accuracy of the information on the App, and assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the App. Your use of the App is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the App. You assume the entire risk of loss in using this App and information contained on the App.
3. Authorized Use and Access to the Services
3.1 To use this App, you must be at least 18 years of age. If you are under 18 years of age and/or have not reached the age of maturity according to the Laws of the Republic of Kenya, you are not eligible to use this App.
3.2 The Company reserves all and full ownership and intellectual property rights to the Services. No rights or licenses, except as explicitly set out below, are transferred to you.
3.3 You represent and warrant that, when using our services, you will comply with applicable law, including but not limited to laws on copyright, and respect the intellectual property rights of the Company and of others.
3.4 We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the Terms of this Agreement. Further, the Services are provided “as is” and “as available”. To the extent permitted under your local laws, the company excludes any implied warranties or conditions, including those of merchantability, quality, performance, fitness for a particular purpose and non-infringement.
3.5 You May Not:
3.5.1 upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any Company’s or third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights of publicity or privacy, or in violation of any applicable law or regulation.
3.5.2 copy, store, modify, distribute, transmit, reproduce or publish any content owned and provided by Grace Health and/or Penda Health and/or its licensors and partners.
3.5.3 modify, reverse engineer, copy, store, distribute or otherwise alter the Services, data, technology or technical components of the Services.
3.5.4 use the Services to defame, abuse, harass, stalk, threaten, communicate hate speech, discriminate in any way or of any nature, advocate violence against others, violate the legal rights (such as rights of privacy and publicity) of others, engage in activity that is false or misleading or that is harmful to you, others (including children), or harmful to the Services such as transmitting viruses, spyware, malware, advertising, spam or scam.
3.5.5 use the Services in any way prohibited by law, regulation, governmental order or decree.
3.6 If the Company believes that you are making unauthorized use of the Services or that you are in violation of these terms, it reserves the right to suspend or terminate your account at any time without notice. This may result in a loss of your data. We may cease your use of the Services at any time.
3.7 The Services in entirety and in part may be subject to international technology control or export laws and regulations and that you must comply with applicable domestic and international export laws and regulations that apply to your use of the Services and its components.
4. Data Collection and Usage
4.1 We respect your privacy and are committed to safeguarding your personal information. We collect and use your data for the purpose of providing our Services, improving user experience and as specified herein.
4.2 By using the App, you consent to Penda Health using your data to send you SMS and direct social media messages on services or information that you could potentially benefit from, and voice calls for the purposes of delivering our Services. Use of your data is not limited to these practices only and may include marketing purposes.
4.3 Information shared externally may be anonymized as deemed fit, ensuring that your personal details are protected. We will strive to maintain the security of your information at all times.
4.4 Apart from the services to help you take charge of your health, the outcome of any study completed on the data collected (which shall be aggregated and anonymised) may form part of one or more scientific publications and may inform research and policies related to health,wellbeing and related fields. You will not be identified in any report or publication. The data collected will be retained for analysis, and may be used to inform public policy or to provide information to selected parties.
4.5 We employ industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and regular security audits to ensure the confidentiality and integrity of your information.
4.6 The Company complies with all applicable data protection laws and regulations in Kenya, including but not limited to the Data Protection Act, 2019 and other applicable laws. We are committed to adhering to these regulations and providing you with the rights and protections they afford.
4.7 With respect to any Derivative Works of the data developed under the provision of the Services, allocation of rights, title and interests in such works shall be exclusively to Penda.
4.8 By using our Services, you consent to the collection and use of your data as described in this policy.
4.9 In the unlikely event of a data breach, we will promptly notify affected users and take all necessary steps to mitigate any potential harm.
4.10 In instances where you identify a data breach as a user kindly raise a complaint through these channels https://www.pendahealth.com/contact-us
5. Liability
5.1 This agreement describes certain legal rights. This agreement doesn’t change your rights under the laws of the Republic of Kenya if such laws don’t permit it to do so.
5.2 In no event shall the Company be liable for any direct damages.
5.3 The Company is not liable for any consequential damages, special, indirect or incidental damages. This limitation applies even if: a) the remedy doesn’t fully compensate you for your losses, or b) the Company knew or should have known about the possibility of the damages.
5.4 You acknowledge and agree that we are not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise (vii) deviation or violation of the local ethical and moral standards applicable in your region.
5.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this app that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
5.6 If an Event Outside Our Control takes place that affects the performance of our obligations under this app, we will use our reasonable endeavors to find a solution by which our obligations under this app may be performed despite the Event Outside Our Control.
5.7 You acknowledge that your use or misuse of the site and the services is at your sole risk, and that you assume full responsibility for all risk associated therewith. all information, products, and services contained on or provided through this site are provided "as is" without any warranty of any kind, express or implied.