Nailinda Terms and Conditions

Nailinda is a location based emergency service and hospital management system that is registered as a Private Limited Company in Kenya. Any mobile phone message you receive from Nailinda will have the name Nailinda. Do not respond to any mobile phone message that does not have our name. We shall not be liable for any loss incurred by anybody arising from failure to adhere to the above.

The following functionalities are available on Nailinda:

i. For Patients:

a. Getting location of hospitals near you within a radius of between 8.5km to 15km using your mobile phone.

b. Searching and sending a notification to hospital or hospitals.

c. Storing your medical records with Nailinda.

ii. For Hospitals:

a. Receiving emergency notifications.

b. Responding to emergency notifications through the Accept or Decline buttons.

c. Accessing patient’s records with approval of the patient if the patient is conscious or though the site if the patient is unconscious. This will be recorded and information sent to the patient.

Further to the above, any person who desires to get any service from Nailinda will have to agree with these terms:

1. GENERAL DISCLAIMER

By downloading and using the application or the web site, the user hereby agrees to abide by the following terms and conditions of use.
If you do not agree to abide by these Terms and Conditions, please do not use the Nailinda web site application in any manner including but not limited to uploading or downloading any information or material. Any rights not expressly granted in these terms and conditions herein are reserved.

2. WARRANTY FOR INFORMATION PROVIDED BY USER

The user warrants that all the information it has provided is correct and accurate to the best of his/her knowledge.

3. INDEMNITY

The user hereby pledges indemnity for any loss or damage suffered by the user or third parties as a result of all the information they have provided for any purpose to the site.

4. PAYMENT

Save for basic access to Nailinda USSD, web site or application, other levels of use will be subject to the charges fixed by Nailinda from time to time.

5. WAIVER OF LIABILITY FOR PROFESSIONAL MISCONDUCT & NEGLIGENCE

Nalinda Limited will not be liable for professional misconduct and or negligence of any medical practitioner, hospital or persons you meet through the software or for actions by 3rd parties that occasion any loss or damage.

6. INTELLECTUAL PROPERTY 

The contents, logo and other visual media contained in the website is the property of Nailinda and is protected by intellectual property & copyright laws. Further, all information provided by Nailinda is owned by and or licensed to Nailinda, its assigns and successors in title who hereby retain all proprietary rights to the information.
Whereas we do not claim ownership of information or documents pertaining to clients or provided by clients and authorized 3rd parties, we may preserve the information/ documents in our database and disclose the contents thereof if so required by law or in good faith.
Except where expressly stated otherwise, all right, title, and interest in and to the application, the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Websites (collectively, "Our Content") are:

(a) fully vested in us, our licensors, or our suppliers and

(b) protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.

7. MEDICAL DATA

Patients requiring to store their medical data for use in future by themselves of 3rd parties must open user portals for purposes of storage of the data. Nailinda will not be liable to supply records for users who while having used the software before, have not created profiles or made the necessary upgrades necessary for storage of medical data. Medical records of patients are only accessible to third parties with the consent of the patient, by court order, by other legal directive or otherwise in good faith. Where consent is needed, consent will be deemed to have been given when the third party receives and keys in a code from the patient.
Where the 3rd party is doctor and the patient is incapable of giving consent, the doctor will have to agree to take responsibility to checking the patient’s records without their consent due to an emergency or otherwise in good faith. In the above case, the doctor’s name and institution will be recorded and a message sent to the patient informing them of what happened, and the records the doctor viewed. A patient can add his/ her dependents, and as long as the dependents have a registered number with Nailinda, a patient has access to his/ her dependents medical records and Nailinda will not be held liable for any matter arising from any such access. A patient/ THIRD PARTY can access SUBJECT medical records online or through USSD.
The information received and stored in Nailinda will be anazlyed for medical data, provided that no person’s name will be published while giving out the data but their medical conditions, age, gender prescriptions and location will be used to analyze data that may be provided to medical centers and the health government to aid in their research or guide them in making informed medical choices.

8. GOVERNING LAW 

The Applicable law in relation to any legal matters that may result from use of the Nailinda application website USSD or any other use will be the laws of Kenya and the relationship of parties will be construed as per laws of Kenya.

9. DISPUTE RESOLUTION

Disputes arising from the relationship between parties will be adjudicated exclusively using the laws of Kenya.

10. FORCE MARJOURE

Nailinda will not be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

11. WAIVER OF LIABILITY FOR CONTENT ON THE WEBSITE

The Website, the application and the content available within it is for informational purposes only. Neither the Websites, the application nor the content available within them constitutes professional advice, and neither should be relied upon by you or any third party, including for example to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity.  Before making any decision or taking any action, you should consult with professional advisers.
Further, Nailinda makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the Nailinda Information. Neither Nailinda nor its assigns and successors in title shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the Nailinda Information or for any damages resulting therefrom.

12. TERMINATION 

Users’ accounts on the website or users’ access to the website can be terminated in case of abuses or in any event at our sole discretion. Access to all or parts of any of the Websites may be suspended at any time without notice. All terms herein which should by their nature survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. USE OF THE WEBSITE & INDEMNITY

You will use the Websites only for lawful purposes. The user hereby commits to indemnify Nailinda for any use of the site by the user which is suspected, determined or adjudicated to be unlawful or if lawful, occasions damage or loss to 3rd parties or to Nailinda.

14. WARRANTY OF COMPETENCE BY THE USER

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. 
If you are using the Websites on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.

15. AGREEMENT TO BE BOUND BY THESE TERMS

You agree that access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the application, the Websites or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Websites as set out in these Terms. 

16. Unless otherwise expressly authorized by us in writing, you agree not to:

a. Copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;

b. Remove any proprietary notices or labels on or in Our Content;

c. Allow any other person or entity to engage in any of the above.

d. Abuse, harass, threaten, impersonate or intimidate anyone.

e. To post or transmit or to cause to be posted or transmitted content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any intellectual property, copyright or right of another person.

f. Create and transmit unwanted spam to any person or any URL.

g. disrupt or interfere with the security of, or otherwise abuse, the Nailinda web site or any services, system resources, accounts, servers or networks connected to or accessible through the Nailinda web site or affiliated or linked web sites;

h. Upload, post or otherwise transmit through or on any Nailinda web site any viruses or other harmful, disruptive or destructive files.

i. Divulge your username and password to others either on or off the Nailinda site;

j. Attempt to obtain unauthorized access to Nailinda web site or portions of the Nailinda web site which are restricted from general access.

17. ENTIRE AGREEMENT

These Terms, as amended from time to time, including any and all documents, Websites, rules, Terms and policies referenced herein, including but not limited to the Privacy statement, constitutes the entire agreement between us and you with respect to your use of the Websites. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions
By agreeing to use the application, the site or any product offered therein by Nailinda, you hereby agree that you understand that:

1. The hospital, not Nalinda, has a responsibility to respond to the received requests with the options of accept emergency or reject request

2. While Nalinda strives to achieve a placement for all patients/ emergencies that use the software, no guarantee is made that any request made for/ search for hospital, a response/ positive response will be elicited.

3. Information about hospitals is limited to 8.5 km radius of request location. The User may by his own action widen the radius to 20km.

4. In the event that the user is accessing this site from another jurisdiction, the user is responsible for complying with local laws in relation to use of the site.

5. Nailinda shall not be liable for damage resulting from accessing other sites.