Terms Of Use
1. Introduction
1.1 Agreement Overview
1.2 Definitions
- “Platform” refers to the Medical Street website and mobile application.
- “User” refers to any individual or entity using the Services.
- “Medical Supplies” refers to the products listed and available for purchase on the Platform.
- “Vendor” refers to the suppliers of the Medical Supplies.
- “Account” refers to the user account created for accessing the Services.
2. Use of the Service
2.1 Eligibility
- Age Requirement: You must be at least 18 years old to use the app. By using our service, you represent and warrant that you meet this age requirement.
Other Requirements: Users must have the legal capacity to enter into binding contracts. Use of our service is prohibited where it is not allowed by law.
2.2 User Accounts
- Creation and Maintenance: To use certain features of the app, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Each individual or entity may only create one account.
- Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Responsibility for Account Activities: You are fully responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this section.
2.3 App Functionality
- Overview of Services and Functionalities: The app provides a platform for purchasing medical supplies, managing orders, tracking transactions, and connecting with agents. Users can search for products, add items to their cart, make payments, and access their health wallet for financial management.
- Limitations of Use: The app is provided on an “as-is” basis. We do not guarantee that the app will be available at all times or that it will be free from errors or interruptions. We reserve the right to modify or discontinue, temporarily or permanently, the app or any features or portions thereof without prior notice.
3. User Obligations and Conduct
3.1 User Responsibilities
- Accurate Information Provision: You agree to provide accurate, current, and complete information when creating your account and using the service. This includes, but is not limited to, information related to your identity, contact details, and payment information. You also agree to update such information promptly if there are any changes.
- Compliance with Applicable Laws: You agree to use the service in compliance with all applicable local, national, and international laws and regulations. This includes, but is not limited to, laws regarding privacy, intellectual property, and the distribution and use of medical supplies.
3.2 Prohibited Activities
- Illegal Activities: You agree not to use our services for any illegal activities, including but not limited to, fraud, money laundering, or the distribution of counterfeit or unauthorized medical supplies.
- Misuse of the App: You agree not to misuse our service in any way that could harm, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of our service. This includes, but is not limited to, the transmission of any worms, viruses, malware, or any code of a destructive nature.
- Unauthorized Access and Security Breaches: You agree not to attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the service, by hacking, password mining, or any other illegitimate means. You also agree not to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the service.
4. Health Information and Advice
4.1 No Medical Advice
- Types of Health Data Collected: We may collect health-related data that you provide to us directly, such as information about your medical conditions, medications, and treatment history. This data may also include information collected through your interactions with our service, such as purchase history and usage patterns.
- Purpose of Data Collection: The health data we collect is used to improve our services, provide personalized recommendations, and enhance your user experience. We may also use this data for research and analysis purposes, in compliance with applicable privacy laws and regulations.
4.2 Health Data Collection
- Illegal Activities: You agree not to use our services for any illegal activities, including but not limited to, fraud, money laundering, or the distribution of counterfeit or unauthorized medical supplies.
- Misuse of the App: You agree not to misuse our service in any way that could harm, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of our service. This includes, but is not limited to, the transmission of any worms, viruses, malware, or any code of a destructive nature.
- Unauthorized Access and Security Breaches: You agree not to attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the service, by hacking, password mining, or any other illegitimate means. You also agree not to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the service.
5. Privacy Policy
5.1 Data Collection and Use
- What Data is Collected: We collect various types of information in connection with the services we provide, including:
- Personal Information: Such as your name, email address, phone number, and payment information.
- Health Information: Details about your medical conditions, medications, and treatment history.
- Usage Data: Information about your interactions with our service, such as search queries, purchase history, and app usage patterns.
- How Data is Used: The data we collect is used to:
- Provide and improve our services.
- Personalize your experience on the service.
- Process transactions and send related information, such as purchase confirmations and invoices.
- Communicate with you, including sending updates, security alerts, and support messages.
- Conduct research and analysis to enhance our services.
5.2 Data Sharing and Disclosure
- Third-Party Data Sharing: We may share your data with third parties in the following circumstances:
- Service Providers: We may share data with vendors and service providers who perform services on our behalf, such as payment processing, data analysis, and customer support.
- Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your data may be transferred as part of that transaction.
- Legal Obligations: We may disclose your data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency). We may also disclose your data to:
- Protect our rights and property.
- Ensure the safety of our users and the public.
- Investigate and defend against any third-party claims or allegations.
5.3 User Rights
- Access, Correction, and Deletion of Data: You have the right to:
- Access: Request a copy of the data we hold about you.
- Correction: Request that we correct any inaccuracies in your data.
- Deletion: Request that we delete your data, subject to certain exceptions (e.g., if the data is required for legal compliance or legitimate business purposes).
To exercise these rights, please contact us at info@medicalstreet.biz. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.
6. Intellectual Property
6.1 Ownership
Ownership of Content and Technology: All content and materials on the services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and appearance of the services (collectively, “Service Content”), are the property of Medical Street or its licensors and are protected by applicable intellectual property laws. You do not acquire any ownership rights by using the services, and all rights not expressly granted to you in these Terms are reserved by Medical Street.
6.2 User-Generated Content
- Rights Granted to the service for User-Generated Content: By submitting, posting, or otherwise making available any content (including but not limited to reviews, comments, and suggestions) through the services (“User-Generated Content”), you grant Medical Street a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content in any media.
- Responsibility for User-Generated Content: You are solely responsible for the User-Generated Content you submit, post, or otherwise make available through the services. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Medical Street to use all intellectual property rights in and to your User-Generated Content. You agree not to submit any content that is defamatory, infringing, obscene, threatening, invasive of privacy, unlawful, or otherwise objectionable.
6.3 Trademarks and Copyrights
Usage of Trademarks and Copyrighted Materials: The trademarks, logos, and service marks displayed on the platforms (collectively, “Trademarks”) are the registered and unregistered marks of Medical Street or its licensors. You are not permitted to use these Trademarks without the prior written consent of Medical Street or the respective trademark owner. All services Content is protected by copyright as a collective work under the laws of Uganda and other copyright laws. You agree not to reproduce, distribute, display, perform, or create derivative works of any Service Content without the prior written consent of Medical Street, unless expressly authorized by these Terms or applicable law.
7. Disclaimers and Limitation of Liability
7.1 General Disclaimers
Disclaimer of Warranties: The service and all content, products, and services available through the platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Medical Street does not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects or errors will be corrected. Your use of the service is at your own risk.
7.2 Limitation of Liability
Limits on Service’s Liability for Damages: To the maximum extent permitted by law, Medical Street and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the platform; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Medical Street’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid Medical Street in the last six (6) months, or, if greater, one hundred dollars ($100).
7.3 Indemnification
User’s Obligation to Indemnify the Service: You agree to defend, indemnify, and hold harmless Medical Street and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the app.
8. Modification of Terms
8.1 Right to Modify
- Service’s Right to Modify Terms: Medical Street reserves the right to modify these Terms of Use at any time. Changes may be made to accommodate new technologies, legal requirements, business practices, or for any other reason at our sole discretion.
- Notification Process for Changes: When we make changes to these Terms, we will provide notice to users by updating the “Last Updated” date at the top of this document and by including a prominent notice within the service or through other appropriate means. We encourage you to review the Terms periodically to stay informed about our practices.
8.2 User Agreement to Changes
Continued Use as Acceptance of New Terms: By continuing to access or use the service after any modifications to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the app.
9. Termination
9.1 Termination by User
How Users Can Terminate Their Accounts: You may terminate your account at any time by following the account termination procedures within the app or by contacting our customer support team at info@medicalstreet.biz. Upon termination, you must cease all use of the app.
9.2 Termination by Service
Conditions Under Which the service Can Terminate User Accounts: Medical Street reserves the right to terminate or suspend your account and access to the platforms, with or without notice, for any reason, including but not limited to, if we believe that you have violated these Terms, provided false or misleading information, engaged in fraudulent or illegal activities, or if your conduct is harmful to other users, third parties, or our business interests.
9.3 Effect of Termination
Consequences of Termination on User Access and Data: Upon termination of your account, your right to use the platform will immediately cease. You will no longer have access to your account, including any data or content associated with it. We may delete or deactivate your account and all related information and files in your account. We shall not be liable to you or any third party for any termination of your account or access to the app. Certain provisions of these Terms that by their nature should survive termination shall survive, including but not limited to, intellectual property rights, disclaimers, indemnification, and limitation of liability.
10. Governing Law and Dispute Resolution
10.1 Governing Law
Applicable Law Governing the Terms: These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Uganda, without regard to its conflict of law principles. You agree that any dispute arising from or relating to these Terms or your use of the service will be governed by the laws of Uganda.
10.2 Dispute Resolution
- Methods for Resolving Disputes:
- Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally resolved by arbitration in accordance with the court of arbitration rules. The place of arbitration shall be Kampala, Uganda]. The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon the parties concerned.
- Mediation: Before resorting to arbitration, the parties agree to attempt to resolve any dispute, controversy, or claim through mediation in accordance with the court of arbitration. If the dispute is not resolved within 60 days of a request for mediation, then the matter will proceed to arbitration as described above.
- Exceptions to Arbitration: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek injunctive or other equitable relief in the courts of [Jurisdiction] to protect its intellectual property rights or confidential information.
11. Miscellaneous
11.1 Entire Agreement
Statement That the Terms Constitute the Entire Agreement: These Terms of Use, along with our Privacy Policy and any other legal notices or agreements published by Medical Street on the service, constitute the entire agreement between you and Medical Street regarding your use of the service. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Medical Street with respect to the services.
11.2 Severability
Provision for Invalid or Unenforceable Terms: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.3 Waiver
Conditions Under Which a Waiver of Terms Applies: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Medical Street to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11.4 Contact Information
- Contact Details for User Inquiries and Support: If you have any questions about these Terms, please contact us at:
- Email: support@medicalstreet.biz
- Phone: +256 788 005 222
- Address: www.medicalstreet.biz