The Emergency Medicine Kenya Foundation (EMKF) is a not-for-profit public benefit organization founded in 2015 by local healthcare professionals to help guide and inform the development of a sustainable emergency medical care system in Kenya appropriate for the local healthcare system. 

This Terms of Use (“Terms”) applies to all our services, platforms, applications, and sites (the “Services”) offered by Emergency Medicine Kenya Foundation (“EMKF”) and its affiliates. This Terms of Use doesn’t apply to Services that have a separate Terms of Use that do not incorporate this Terms of Use. 

This agreement is entered between and by “you” (the reader or any other user of the Services, and the Emergency Medicine Kenya Foundation (“EMKF”).  Access to the Services, and any use thereof, is sub­ject to the terms and con­di­tions set forth herein.  By accessing and continuing to use the Services, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and EMKF.

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE EMKF’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SERVICE IMMEDIATELY AND DO NOT ACCESS, READ OR OTH­ER­WISE USE INFOR­MA­TION PRO­VIDED HEREIN.

BY ACCESS­ING THE SERVICES AND/OR READ­ING ITS CON­TENT, AND/OR USING IT TO FIND INFOR­MA­TION ON ANY OTHER SERVICE OR INFOR­MA­TIONAL RESOURCE, YOU ACKNOWL­EDGE AND AGREE THAT YOU HAVE READ AND UNDER­STAND THESE TERMS AND CON­DI­TIONS, THAT THE PRO­VI­SIONS, DIS­CLO­SURES AND DIS­CLAIMERS SET FORTH HEREIN ARE FAIR AND REA­SON­ABLE, AND THAT YOUR AGREE­MENT TO FOL­LOW AND BE BOUND BY THESE TERMS AND CON­DI­TIONS IS VOL­UN­TARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLU­ENCE EXER­CISED UPON YOU BY ANY PER­SON OR ENTITY.

Medical Advice Disclaimer

EMKF pro­vides the Services, infor­ma­tion, opinions, con­tent, ref­er­ences and links to other resources (col­lec­tively, “Con­tent”) for infor­ma­tional pur­poses only. EMKF does not pro­vide any med­ical advice or offer medical care on the Services.

Access­ing, read­ing or oth­er­wise using the Services does not cre­ate a doctor-patient rela­tion­ship between you and EMKF.  Pro­vid­ing per­sonal or med­ical infor­ma­tion to EMKF does not cre­ate a doctor-patient rela­tion­ship between you and EMKF.

Noth­ing con­tained in the Services is intended to estab­lish a doctor-patient rela­tion­ship, to replace healthcare services or the ser­vices of a trained healthcare pro­fes­sional, or oth­er­wise to be a sub­sti­tute for healthcare services or pro­fes­sional med­ical advice, diag­no­sis, or treatment.

You hereby agree that you shall not make any med­ical or health-related deci­sion based in whole or in part on any­thing con­tained in the Services.  You should not rely on any infor­ma­tion con­tained in the Services and related mate­ri­als in mak­ing med­ical, health-related or other deci­sions.  You should con­sult a licensed doctor or appropriately-credentialed healthcare worker in your com­mu­nity in all mat­ters relat­ing to your health.

Disclaimer Regarding Services Content and Related Materials

The Con­tent may be changed with­out notice and is not guar­an­teed to be com­plete, cor­rect, timely, cur­rent or up-to-date.  Sim­i­lar to any printed mate­ri­als, the Con­tent may become out-of-date. EMKF under­takes no oblig­a­tion to update any Con­tent on the Services.  EMKF may update the Con­tent at any time with­out notice, based on EMKF’s sole and absolute dis­cre­tion. EMKF reserves the right to make alter­ations or dele­tions to the Con­tent at any time with­out notice.

Opin­ions expressed in the Services are not nec­es­sar­ily those of EMKF.  Any EMKF opin­ions have been con­sid­ered in the con­text of cer­tain con­di­tions and sub­ject to assump­tions that can­not nec­es­sar­ily be applied to an indi­vid­ual case or par­tic­u­lar cir­cum­stance.  The Con­tent may not and should not be used or relied upon for any other pur­pose, includ­ing, but not lim­ited to, use in or in con­nec­tion with any legal proceeding.

This Services claim no credit for any images posted on the Services unless otherwise noted. Images on the Services are copyright to its respectful owners. If there is an image appearing on the Services that belongs to you and you do not wish for it to appear on the Services, please e-mail with details to said image and it will be promptly removed.

From time to time, the Services may con­tain health- or medical-related infor­ma­tion that is sex­u­ally explicit. If you find this infor­ma­tion offen­sive, you may not want to use the Services.

Guidelines for Using the Services

The Services are open to the pub­lic. You should con­sider com­ments care­fully and do not post any infor­ma­tion or ideas that you would like to keep pri­vate.  By upload­ing or oth­er­wise mak­ing avail­able any infor­ma­tion to EMKF in the form of user gen­er­ated com­ments or oth­er­wise, you grant EMKF the unlim­ited, per­pet­ual right to dis­trib­ute, dis­play, pub­lish, repro­duce, reuse and copy the infor­ma­tion con­tained therein.

You are respon­si­ble for the com­ments you post. You may not imper­son­ate any other per­son through the Services.  You may not post con­tent that is defam­a­tory, fraud­u­lent, obscene, threat­en­ing, inva­sive of another person’s pri­vacy rights or that is oth­er­wise unlaw­ful.  You may not post con­tent that infringes on the intel­lec­tual prop­erty rights of any other per­son or entity.  You may not post any con­tent that includes any com­puter virus or other code designed to dis­rupt, dam­age, or limit the func­tion­ing of any com­puter soft­ware or hardware.

Protected Health Information

EMKF prohibits the disclosure of Protected Health Information on any of our Services without the express consent of patients. This includes any text, images or videos that relate to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Protected Health Information includes many common identifiers (e.g., name, address, birth date, Hospital Number). 

With regards to patient consent, Protected Health Information can only be included in our Services if a patient has given their consent, in writing, to allow the publication of their personal information. In such circumstances, Protected Health Information can only be used for the purpose specifically mentioned in the consent form.

By sub­mit­ting or post­ing con­tent on the Services, you grant EMKF and any com­pany sub­stan­tially under the con­trol of EMKF, the right to remove any con­tent or com­ment that, in EMKF’s sole judg­ment, does not com­ply with the terms and con­di­tions of this Agree­ment or is oth­er­wise objec­tion­able.  You also grant EMKF and any com­pany sub­stan­tially under the con­trol of EMKF the right to mod­ify, adapt, and edit any con­tent.

Moderation Guidelines

Authority: The Services are moderated occasionally and posteriorly. Moderators are volunteers. Users posting comments on the Services should not be considered healthcare professionals.

Complementarity: Comments posted on the Services should be designed to support, not replace, the relationship that exists between a patient/Services visitor and his/her existing doctor.

Confidentiality: We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments. 

Comments: Users commenting on the Services must behave with respect and honesty at all times. Users may not post any commercial/advertising comment without permission. Users commenting must post information which is true and correct to their knowledge. We invite you to provide resources (references, links, …) on health/medical claims when possible and relevant.

By submitting or posting content on the Services, you grant EMKF and any company substantially under the control of EMKF, the right to remove any content or comment that, in EMKF’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant EMKF and any company substantially under the control of EMKF the right to modify, adapt, and edit any content.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in the Services shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and EMKF. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Services. Any payments made for items or activities listed on the Services are non-refundable and non-transferable.

Third-Party Resources Disclaimer

The Services may, from time to time, con­tain links to software, information, products, or web sites that are owned or operated by other companies. EMKF offers or facilitate this by hyperlinks or other methods to aid your access to the third-party resource and is not as an indi­ca­tion of any affil­i­a­tion, spon­sor­ship or endorse­ment. While EMKF endeavors to direct you to helpful, trustworthy resources, EMKF cannot recommend, endorse, approve, or guarantee software, information, products, or services provided by or at a third-party resource or track changes in the resource. Thus, EMKF is not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource. 

We share these resources on an “as is” basis. When you use a third party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third-party policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND EMKF MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Disclaimer of All Warranties

The Content made available at the Services is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, EMKF makes no warranty, representation or guaranty as to the Content, sequence, accuracy, timeliness or completeness of the Content, that the Content may be relied upon for any reason or that the Content will be uninterrupted or error-free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, EMKF makes no representations or warranties with respect to any Content offered or provided within or through the Services regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Services, will EMKF be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, EMKF shall have absolutely no liability in connection with the Services for:

1. damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by EMKF’s actions, omissions, or negligence, or for contingencies beyond EMKF’s control, in procuring, compiling, or delivering the Content;
3. any errors, omissions, or inaccuracies in the Content regardless of how caused, or delays or interruptions in delivery of the Content; or
4. any decision made or action taken or not taken in reliance upon the Content.

Reservation of Intellectual Property Rights

The Services are protected by the Copyright Act Cap 130 of the Laws of Kenya. EMKF hereby reserves any and all intellectual property rights in the Services. 

The Content is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Based on a work at https://www.emergencymedicinekenya.org

Age Restriction

The Services are intended for persons thirteen (13) years or older. Persons under the age of thirteen (13) should not access, use and/or browse the Services.

Indemnification

You agree to indemnify and hold EMKF harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on the Services, (2) any violation of law that occurs by you through the Services, and/or (3) anything you do using the Services and/or the Content contained therein.

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law, Consent to Jurisdiction and Limitation on Claims

This Agreement and your use of the Services, along with the Content contained therein, shall be governed by and construed in accordance with the laws of Kenya without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in Kenya. You further agree that any claims or causes of action arising out of or related to this Agreement and the Services, along with the Content contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Entire Agreement

These terms describe the relationship between you and EMKF. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms. You hereby acknowledge that this Agreement represents the entire understanding between you and EMKF concerning your use of the Services and the Content contained therein. By law, you have certain rights that can’t be limited by a contract like these terms of use agreement. These terms are in no way intended to restrict those rights. 

Modification

EMKF may, in the EMKF’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part without any notice to you, whether prior or otherwise. We may update these terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the EMKF website.

If you don’t agree to the new terms, you should exit the Services immediately and do not access, read or oth­er­wise use infor­ma­tion pro­vided herein.

Waiver

EMKF’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision. If you don’t follow these terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

ANY SER­VICES, INFOR­MA­TION, OPINIONS, CON­TENT, REF­ER­ENCES AND LINKS TO OTHER RESOURCES (COLLECTIVELY, “CONTENT”) CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND EMKF. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED DOCTOR IN YOUR COUNTRY.