Terms of Use

Last updated: August 2018

Welcome to Daktari, an mHealth app designed to enable the connection of parents to trusted Pediatricians who can put their mind at ease by providing trusted information on common pediatric health conditions and first aid situations that parents can manage at home. Daktari provides a website located at http://daktarimd.com/ (the “website”), mobile applications (“Mobile Apps”), and services provided through the Mobile Apps (“Services”).

These terms and conditions of use (this “Agreement”) set forth the legally binding terms for your use of the website and Services. By indicating your agreement and accessing or using the website and Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the website and Services. You may not access or use the website or Services or accept the Agreement if you are not at least 18 years old.  Please consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle personal health information and financial information.

NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DAKTARI. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Our Services

We offer a Mobile App platform for families living in Africa to connect to pediatric advice through the use of interactive messaging technology. The Mobile App facilitates communication between Users and our personnel of Pediatricians. Our Services are not intended to be used in medical emergencies or situations requiring a hands-on or immediate response or treatment. If you are experiencing a medical emergency, please seek medical care immediately locally.

Daktari Does Not Provide Healthcare Services. The Daktari Android/iPhone app, is a mobile consultation support application designed to provide answers to parents seeking general advice and second opinion from professional Pediatricians regarding their child’s health and symptoms.

The Daktari platform serves as a technology enabler for the virtual care services our professional Pediatricians provide you. The Mobile App is designed to help you share information with our trusted Pediatricians. The Mobile App is not designed to be an emergency alert system. Reminders and alerts are not substitutes for remembering to give medications to your child or obtaining a diagnosis directly from your child’s pediatrician or health care professional in your local area. If you have concerns about your child’s health or the use of the Mobile App, you should consult your local Healthcare Provider immediately.

Privacy Policy

Daktari respects the privacy of its Service users. Please refer to Daktari’s Privacy Policy (found here: http://daktarimd.com/privacy-policy/) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you expressly acknowledge that you have read and understood and agree to our Privacy Policy.

Any information posted on Daktari by you, including personally identifiable information, is made voluntarily and are subject to Daktari’s Privacy Policy. You are responsible for the information you post and you agree to, at your sole expense, defend, indemnify and hold Daktari harmless from any damages, losses, costs, or expenses which Daktari may incur as a result of information you post.

Accounts

Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided in the Mobile App. You may reopen your Account or request access to Account information any time. Daktari will maintain your Account information for 2 years from the time of your last Account use.

Use of Services as Parent or Caregiver.  If you are managing the care of your child or children, you can communicate on Daktari as a “Parent” or “Caregiver”.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

Mobile Apps

We will make available a Mobile App to access the Services via a mobile device. To use our Mobile App you must have a mobile device that is compatible with the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device.

You acknowledge that we may from time to time issue upgraded versions of the Mobile App, and may upgrade automatically to your mobile device the version of the Mobile App that you are using. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades.

App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that this Agreement is between you and Daktari and not with an App Store or provider of the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it.  You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, our terms and conditions, the more restrictive or conflicting terms and conditions herein apply.

Payment Terms

You are responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. You must keep current payment information on file with Daktari and your account must be adequately funded to pay for any services rendered. By agreeing to these terms, you are giving Daktari and its Payment Gateway services permission to charge your approved methods of payment for fees that you authorize Daktari to satisfy.

If you have a dispute concerning any payment transaction, please contact our Support department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your User Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. Daktari will not be liable for any loss of files, data, or content as a result of a Chargeback. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

User Content

User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services, (b) the Site, (c) the Mobile App, or (d) on social networking sites where we have a page or presence. While you will own your User Content, you agree that any User Content provided by you in connection with the Services, Site, Mobile App, or social networking sites is provided on a non-proprietary and non-confidential basis, except for your personal healthcare and medical information. Daktari agrees to use any personally identifiable information contained in any of your User Content in accordance with its Privacy Policy. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service, Site, Mobile App or social networking sites at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will abide by our Acceptable Use Policy below; and
  • You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service within the scope of our Privacy Policy. Those prohibitions do not require Daktari to monitor, police or remove any User Content or other information submitted by you or any other user.

Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

This list of prohibitions provides examples and is not complete or exclusive. Daktari reserves the right to (a) terminate access to your account, your ability to post to this Site, the Mobile App, or use the Services and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Daktari determines is inappropriate or disruptive to this Site or Mobile App or to any other user of this Site, Mobile App, and/or Services.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate.  We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, Site, or Mobile App, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.  We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Links to Other Sites and/or Materials

Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), known or unknown, that relates to or has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users, or Third Party Sites & Ads, including your acts or omissions based on use of the Mobile App.

Disclaimers

THE SERVICES, INCLUDING THE MOBILE APP AND THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

General

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

Copyright/Trademark Information. Copyright © 2018 Daktari, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Management Partners Contact Information:

Client and Investor Relations

Welffens Consulting, LLC
4000 Legato Road, Suite 1100, Fairfax, VA 22033, United States
Tel: +1 703 975 2953

Email: info@daktarimd.com

Technical Support

Elite CI, SARL
Boulevard Latrille, Rue J70 Cocody les 2 Plateaux 06 BP 1952 Abidjan, Côte d’Ivoire
Tel: + 225 20 22 61 92

Email: support@daktarimd.com