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The Emergency Medicine Kenya Foundation (EMKF) is an NGO supporting emergency healthcare providers across Kenya to save lives by strengthening the emergency healthcare system through capacity building, knowledge development, advocacy and research.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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
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.
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.
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.
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.
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.
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.
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.
