25/5/2018

Baobab Circle Terms of Use

Introduction

Baobab Circle provides products and services that are intended to help people who suffer from chronic illnesses to manage their condition. Our main service is called Afya Pap.

To provide services like Afya Pap (which, in this document, we’ll refer to as “the Services”) we need a framework designed to safeguard everyone's legitimate interests. In essence, that framework is provided by these Registration Terms, which we’ll refer to as “the Terms”. In completing the registration process, you agree to abide by these Registration Terms.

Afya Pap is owned and operated by Baobab Circle Limited. Our registered number is 08551010 and our registered office is located at 20 Air Street, London, UK W1B 5AN. When we use words like “we”, “us” and “our” in these Terms, it is to Baobab Circle Limited that we are refer. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “website” is the one hosted at www.BaobabCircle.com and the apps are the mobile applications that are available for download from distributors such as Apple’s App Store and Google Play.

Anybody can access the website or download and open our apps but to make full use of the functionality that we provide from time to time, you will need to register. If you register, you must do so on the basis of these Terms.

Your Registration

There’s not much that you need to do to complete your registration. There is a simple form to fill out but the only information we have to have from you is your first name, last name, and mobile number. In registering, you are confirming that this information is accurate and up-to-date - if we discover that it isn’t, we may terminate your account immediately without notice. You can change these details later by accessing your Settings page or by contacting us by email or telephone, as applicable.

You also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use the Service, there’s nothing you are required to do (and if you wish, you can have your registration terminated). But since you are entering into a contract with us, it would be sensible to have a proper read of these Terms, just to make sure you are aware of the position.

You’ll always be able to find a copy of these Terms on the website, but you might decide to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to or remove functionality from the Service over time. If we do change the Terms, we will, of course, contact you through the Service or by phone to let you know that the Terms have changed. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.

You

We mentioned above the minimum information that you’ll have to provide us for your registration to be effective. Of course, that information alone will be enough to identify you personally and so for that reason, it is protected under the Data Protection Act 1998 and the General Data Protection Regulation (EU 2016/679) (GDPR). You may want to supplement your profile with further information about yourself and the information you post to our social media platforms may reveal more about yourself. We will handle that information in accordance with our Privacy Notice, which forms part of these Terms and thereby, our contract with you. We must be able to identify you as an individual from the information contained within your profile and therefore, you confirm that your profile information is accurate and that you will keep it up to date.

Please bear in mind that to make use of our Services, you will provide us with information concerning medical conditions from which you – or those for whom you are responsible – suffer. To deliver the Service to you, we will need to manage and process that information. For the purpose of the GDPR (the law that governs how information about individuals can be used by organisations such as us in Europe) we need your explicit consent to do this, so we need you to give us that permission by checking the relevant boxes when completing the registration process.

Because of the way English law works, children are not capable of entering into contracts. Therefore, generally our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts. If you are not yet 18 years of age but are 13 years of age or older, you may have a parent or guardian accept these terms on your behalf. To do this, we will need the name of the parent or guardian in question, their relationship to you and their phone number, so that we can send them a link to complete this registration on your behalf. You will not be able to use our Services until your parent or guardian has completed your registration.

In addition, only individuals that are resident in Kenya, Tanzania, Zimbabwe, Zambia, Uganda, Mauritius and The Seychelles are permitted to register as users. To establish your right to use our Services, you must confirm where you live by providing us with your postal address. If necessary, we may also store your IP address to confirm your location (see our Privacy Notice for more information on this).

Assuming then that you are over 18 (or that you are a parent or guardian of a child of 13 years of age or more), that you are capable of entering into contracts that are legally binding upon you and that you are resident in Kenya, Tanzania, Zimbabwe, Zambia, Uganda, Mauritius and The Seychelles ,your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. In running our Services, we may, for some reason have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).

You can terminate your registration at any time. There is more about this in the Privacy Notice and our FAQs so please follow the instructions provided there.

We may terminate your account if, at our discretion we consider it to have become inactive. Generally, this will be where you have not made use of our Services for a year or so, but it may be less and there may be other factors we take into account.

Fees

You will pay for our products and services in advance when registering or, having registered, at some later date when you decide that you would like to make use of one of our products and/or services for which we charge. Payment will be made via a mobile payments gateway or by credit/debit card as applicable. Only when we have received your payment will you be able to obtain unrestricted access to the product or service in question. Please also bear in mind that if that payment is reversed for any reason that isn’t our fault, we may suspend your access to that product or service and we may even terminate your registration if, in our reasonable opinion, we feel that to be justified.

Unless otherwise stated, all fees and charges stated in respect of the products and services we offer include all applicable taxes, levies, or other governmental charges imposed. You are responsible for all such taxes, levies and charges chargeable as a result of the purchase or use of our products or services, though we will take care of any taxes, levies or charges that are included in the purchase price we charge.

Content

If you are going to get the best out of our Services, we need you to actively engage and participate with it. Of course, because each person’s experience varies because of their own circumstances, your results may vary from somebody else who appears superficially to be similar to you. But what we can say is that the more data we can gather from you, the more accurate our algorithms will be in producing a services that is tailored for you.

The information that we provide through our products and services is based on what we know about you. It is provided for your education only, to help you manage your condition. We try to ensure that this information is always up-do-date but bear in mind that information relating to the conditions that can be managed via our Services is constantly evolving and what constitutes best practice can vary from territory to territory. Please also bear in mind that where we provide access to third party content, we do that merely as a convenience to you. We have no control over it. We are not responsible for any such third party content so you should give it only as much credence as you feel it deserves. Please make sure that you review and are comfortable with the terms of use, privacy policies and other legal documentation governing the use of such information on whatever third party website it happens to be published.

In addition to the core functionality that we provide, our Services also provide a platform via its social media accounts for our users to interact with us and each other. As far as that is concerned, then, it is what its users make it. You agree that you will abide with those purposes and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes. We may choose to publish Community Rules to govern how you make use of the interactive services we provide and should we do so, you also agree to abide by those Community Rules. In particular, you will not use your registration to “troll” our users or for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”. If you use the Service (including any associated social media accounts) to troll or to distribute spam, we’ll terminate your registration immediately.

In using our social media accounts and other interactive elements of the Service, you’ll have the chance to write text or upload other media. You promise that the content you upload will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful. We will call this “Unlawful Content”. If you post Unlawful Content, we reserve the right to remove it immediately. If we remove it we may let you know that we have done this but we also reserve the right not to, should we consider your post to have been an intentional breach of these Terms. If we do remove your post, we may allow you to explain why you have posted the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, delete the post permanently and/or terminate your registration.

You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. If you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.

When you post content of whatever nature to the Service or our social media accounts, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to post it. You also confirm that you will not post content that infringes the rights of others, whether users of the Service or not.

When posting content to the Service, where applicable you give us permission to reuse that content on a non-exclusive basis for the purpose of providing the Service to our users wherever they may be in the world. That licence will enable us without charge to store, use, perform, display, reproduce, modify, distribute or sub-licence that content, as the case may be. Where the intellectual property rights in the content that you have uploaded belongs to somebody else, you confirm that the owner gave you their permission to grant us the same licence to reuse that content as if it was you that owned it.

The content you post may be viewable by other people. You acknowledge that the content you post (and in posting, licence to us) contributes to the revenue we generate from the operation of our Services.

You may revoke the licence you have given us at any time by deleting the content in question or by terminating your registration. Where you do either of those things, content that you have uploaded to the Service will be removed from our live service as soon as possible and from our back-ups over a reasonable time. Content that you have uploaded to associated social media accounts may be removed in accordance with the content policies of the social media provider in question. There’s more on this in our Privacy Notice.

Where you post content that infringes the intellectual property rights of somebody else or is unlawful for some other reason, we may delete that content immediately should we be contacted by somebody complaining about it. We will contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).

If you breach the terms relating to your content either by posting Unlawful Content or by posting content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash money on lawyers, investigators and the like. Consequently, where this happens you agree to fully compensate us, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘will hold us harmless’. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).

One final thing on the subject of intellectual property rights. Just as you may own the content that you post to the Service, so we own the framework and content that makes up the Service. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics and you can use all of that in making use of your registration in accordance with these Terms but absolutely no more than that. Please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms.

If you come across any evidence to suggest that anybody else is using the Service in breach of these Terms, please let us know so that we can take action to stop them.

Us

We always keep an eye on how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. We reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.

It might be that new functionality requires changes or additions to these Terms, the Baobab Circle Community Rules (if we introduce them) or the Privacy Notice, so when we launch new features, you might want to check to see whether we’ve made any changes to any of these.

Consumers enjoy protection under a variety of laws in different jurisdictions around the world and, if you’re not a health professional, it’s likely that you are using the Service as a consumer. Nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service.

In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us, so nothing in these Registration Terms should be interpreted as if it is intended to limit or exclude any of this sort of harm, loss or damage. However, please bear in mind that it’s essential for you to continue to consult with professional healthcare providers about the management of your condition. Our Services are not a substitute for professional healthcare advice and support. We will do our best to help you manage your condition by continually reviewing and updating the performance of our algorithms but sadly we can’t guarantee that even if you do remain fully engaged with our services, your condition will improve and in fact, it’s possible that it may worsen. You can read more about the limitations of our products and services in the management of specific conditions here.

Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE SERVICE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.

In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance, or the absence of mobile telecommunications signal that means content is not delivered to your device promptly.

If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.

Finally, please note that we rely on our users to post content to our social media accounts in good faith. We do not check or endorse any of the posts so you should always satisfy yourself that they are reliable and carry out your own checks. If you consider a post made by a user to be unreasonable, misleading or unfair, please feel free to contact us at admin@BaobabCircle.com, explaining where you found that content and why you feel it should be removed.

These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).

In making sure that our users are satisfied and that the Service is working efficiently, we may review the data being transmitted by you by or any of our other users. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may take steps to have content posted by you or by other users to our social media accounts removed if that content contravenes these Terms or the user posting that content is in breach of these Terms. Likewise, if you see content on those accounts that offends you, please do let us know and we will look into it.

You also need to be aware that viruses can be transmitted via websites and even mobile applications, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE SERVICE OR WHEN FOLLOWING ANY LINKS TO WEBSITES OR MOBILE APPLICATIONS RUN BY OTHER PEOPLE.

There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.

This Contract

From time to time, we will give you information relating to your use of the Service. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Notice. We will send this information to you in the form of notifications via the app or the website. We might also send a message to the phone number you have given us when registering (which is why we need you to keep that phone number up-to-date). English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed ‘written’ for this purpose.

If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to admin@baobabcircle.com but if you really feel the need, you can send us a letter by post, sent to our registered office (see above).

Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. Therefore, Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter, that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class post) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.

It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. That could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.

Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Notice. We have no earlier contractual arrangement or understanding with you of any sort. If there is anything that you seek to rely on in creating your registration, please disregard it now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use the Service, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Notice.

In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. Any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain.

Your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.

This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to the Service, you will have a binding contract with us.

Get in touch

If you have any questions regarding Baobab Circle or Afya Pap please feel free to get in touch.

Info@baobabcircle.com

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