In these Terms and Conditions (hereinafter “Terms”) “we”, “us” and “our” refers to Kayan Health Limited, a private limited company which conducts business on an online platform (hereinafter the “Company”)
The Company allows doctors, dentists, coaches, professionals or other healthcare specialists (collectively, “Healthcare Professionals”) to provide information and speak to users on our website.
“Patient(s)” refers to any person using the Website and who has a registered account on the Website, excluding Healthcare Professionals.
“User” refers to Healthcare Professionals and/or Patients using the Website and the term “Users” refers to both of them collectively. The term “you” is used in these Terms to refer to Users.
Patients shall use this Website to communicate with Healthcare Professionals and exchange information pertaining to any medical problem, issue or predicament which the Patient or any of its affiliates are suffering from or any healthcare related matters in which the Patient would like to gather more information (hereinafter “Intended Use”).
We reserve the right to amend these Terms at any time without notice and the User’s continued use of the Website following the amendments will represent the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms before using the Website.
The contents of the Website, such as text, graphics, images, information obtained from Kayan Health’s licensors, and other material contained on the Website (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of qualified physicians or another qualified health provider with any questions you may have regarding a medical condition. Users shall never disregard professional medical advice or delay in seeking professional medical advice following Kayan Health Content or Healthcare Professionals chat sessions.
If you think you may have a medical emergency, call your doctor or 911 immediately. Kayan Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Kayan Health, Healthcare Professionals, others appearing on the Website at the invitation of Kayan Health, or other visitors to the Website is solely at your own risk.
On this Website, you will be asked to create an account and will accordingly create a username, password and other such access information. We shall exercise standard confidentiality measures to secure such information, however, it is the responsibility of the User to keep this information safe and not disclose it to third parties on the Website or otherwise. We therefore do not accept responsibility and shall not be held liable for misuse of your account in any manner due to your disclosure of your account details and access information to third parties.
In the event your account access information has been lost, stolen or otherwise disclosed, you shall immediately change the username and password through the account settings feature on our Website, or immediately notify us.
Users acknowledge and accept that their account on the Website is non-transferable and may not be sub-licensed or used by any person other than the individual who created the account.
Users agree not to use the Website in any way or action that may:
Cause damage to, or impair the performance of, the Website, inclusive of its availability and accessibility to Users and the Company;
Be illegal, fraudulent or harmful to any person or company in any direct or indirect manner and;
Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Users agree that you shall not engage in any of the following activities in connection with your use of the Services:
post information or material on the Website, inclusive of the online communication portals, that is obscene, defamatory, threatening or malicious in nature or any material or information that is prohibited by law.
Not publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting.
Infringe or use the Kayan Health brand, logos and/or trademarks in any business name, email, URL or another context unless expressly approved in writing by Kayan Health, as applicable;
Attempt to circumvent any protective technological measure associated with the Services;
Attempt to access or search the Website or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
Impersonate or misrepresent your affiliation with another person or entity;
Harvest or otherwise collect information about others, including email addresses;
Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
Fail to respect another user’s privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
Use the Website, the Services or any Kayan Health content in any manner not permitted by these Terms.
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we know is a child under the age of 18. If a Healthcare Professional comes to the realization that they are speaking to a Patient who is under the age of 18 without parental or legal guardian supervision, they must report them immediately to us using the email address: email@example.com. Should the Healthcare Professional be remiss in providing us with this notification, both the Healthcare Professional and the Patient will be deemed as having violated our Terms.
Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Website.
Users accept responsibility for the quality of any information supplied to us in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.
All interactions between Users must be carried out in a responsible, ethical, professional and legal manner.
We may (but are not obligated to) do any or all of the following without notice:
Record or pre-screen submissions to public areas within the Website;
Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
Edit the Website and any Kayan Health Content without notice.
Subject to the express provisions of these Terms:
We own and control all the copyright and other intellectual property rights in the Website and the material used on the Website; and
All the copyright and other intellectual property rights in the Website and the material used on the Website are reserved by us.
All materials posted on this Website are protected by the relevant copyright laws and in foreign countries. Kayan Health authorizes you to view or download a single copy of the material on the Website solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2021, Kayan Health Limited. All rights reserved” and other copyright and proprietary rights notice that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms and Conditions by reference.
Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Kayan Health All rights not expressly granted herein are reserved to Kayan Health and its licensors.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
Kayan Health has several tools that allow you to record and store information. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Kayan Health passwords or accounts. You grant Kayan Health and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Kayan Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Kayan Health tools and services.
AUTHORIZATION AND ACKNOWLEDGEMENT
When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receive communications from us electronically. We will communicate with Users by email or by posting notices on this Website or on the Kayan Health App. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with and maintain on their Website account profile, including their current and active email address. If Users do not wish to receive certain communications from the Website, they have the ability to opt out by declining the service offered or by informing us that they no longer wish to receive such communications. Further information on the opt-out feature and instructions for its use are available on the Website or may be provided via email upon request. We will comply with your request to opt-out unless such communications are necessary for the administration and subsequent use of your account, required by law, or necessary to protect our rights.
We may share Users’ personal information with the Company’s affiliates and partners and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from this website to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Website or our businesses, such as account services, web hosting, software development, and information processing.
TERMS OF PAYMENT
Payment for use of our Website and services shall be made upfront, prior to use of the services. Patients shall purchase credit on the Website which will be used to pay for these services. Patients may be unable to use the services on our Website unless they have a sufficient credit balance to pay that service.
We accept payment via Credit Card. Our prices are set in CAD (Canadian Dollars) and are inclusive of any applicable taxes. Your card will be charged in CAD, if your card is in another currency your card issuer will convert the CAD amount into your card’s currency and may charge a fee. The exchange rate and any additional transaction charges are set entirely by your card issuer and these amounts may be deducted accordingly.
If Patients make card payments for our services on our Website, the details submitted are provided directly to our payment provider via a secure connection.
We may provide refunds as determined at our sole and absolute discretion. If Patients have a refund request, please proceed by sending an email to firstname.lastname@example.org.
You agree to provide correct and up-to-date billing information and to maintain your billing details as necessary throughout your use of this Website.
We aim to take reasonable care towards keeping your personal and transactional information private and confidential. However, any information provided to us is at your own risk, we do not accept any liability in the event this information has been misused by a third party.
Kayan Health also may select certain sites as priority responses to search terms you enter and Kayan Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Kayan Health does not recommend and does not endorse the content on any third-party websites. Kayan Health is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Kayan Health does not endorse any product, service, or treatment advertised on the Website.
Healthcare Professionals are independent contractors who use our online platform to provide information to Patient(s). They should therefore not be construed in any manner as employees or agents of the Company.
We do not warrant or represent:
The completeness or accuracy of the information published on the Website;
That the Website, in whole or in part, will remain accessible and available for use.
We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Website, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the Website.
We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website and the permitted use of the Website other than expressly stated herein.
The Website and the services herein shall not be used to prescribe medication. Healthcare Professionals are prohibited from making, issuing or distributing any such prescriptions.
LIMITATION OF LIABILITY
In no event shall the owner, directors, employees, agents, and licensors be held liable for any loss or damages of any kind including, without limitation, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with the Users use, misuse, or reliance upon the Website or the content, or their inability to use the Website, regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
Our Website and its services should not be used for medical emergencies or urgent health matters.
You agree to provide and maintain true, accurate, current and complete information about yourself in terms of health status and medical history.
Healthcare Professionals shall use the services to share content with Patients. Use of this content is not a substitute for healthcare that would be provided at a hospital, clinic or another medical facility. Patients are not recommended to forgo medical care that could be obtained at a medical facility in exchange for the services and information provided by our Website.
No licensed medical professional/patient relationship is created when Patients use the services provided on the Website and therefore information exchanged between Users is not confidential nor is it subject to any type of immunity.
We do not hold responsibility for the quality, accuracy or legitimacy of any information provided to Patients over this Website, whether by Healthcare Professionals or otherwise. You hereby acknowledge and agree that your acceptance of information provided to you by a Healthcare Professional is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or content thereof made available to you by a Healthcare Professional.
We cannot guarantee the availability of any Healthcare Professional at any particular time. Healthcare Professionals are liable for canceled or otherwise unfulfilled online sessions, or any injury resulting therefrom, or for any other injury resulting in or arising from, or related to, their use of the Website or services.
Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives and, having regard to that interest, Users agree that they will not bring any claim against the Company or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Website or these Terms.
RESTRICTION OF ACCESS
We reserve the right to ban, disqualify, or otherwise restrict Website access of any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate online conduct and behaviour.
Should your account be banned, the period of your ban shall be determined at our sole discretion and shall depend on the seriousness of your violation of our Terms or of the relevant law. The period of your ban shall be communicated to your email address which was provided at the time of your registration.
If your account has been placed on a ban we expect you to oblige and act in good faith. You, therefore, must not create a new account under another username and email address on our Website or on any of our affiliate websites which have been modified to geographically suit Users.
TERMINATION AND MODIFICATION
You may choose to terminate your use of our Website or the services herein at any time by either:
deleting or suspending your account on our Website; or
sending us an email at email@example.com of your decision to discontinue use of our Website, following which we may provide you with instructions on how to delete or suspend your account from our Website.
Should you wish to terminate your account, any amounts owed to you by the Company shall be cleared within 30 days from the date of termination. You will be charged bank transfer fees for this payment.
Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive):
breaches or violations of these Terms or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
a request by the Healthcare Professionals;
discontinuance or material modification to the Services (or any part thereof);
technical or security issues or problems;
extended periods of inactivity; and/or
your engagement in fraudulent or illegal activities.
Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.
THE Kayan Health WEBSITE, SERVICES, Kayan Health APPS AND Kayan Health CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE Kayan Health WEBSITE, SERVICES, Kayan Health APPS AND Kayan Health CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDSCAPE NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE WEBSITE NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Kayan Health Website, Services, Kayan Health Apps and Kayan Health Content, or your violation of these Terms.
NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT
If you believe any materials within the Website infringe your copyright, you may request removal of those materials (or access thereto) by contacting us and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
We may terminate the account of any User who we determine is a repeat infringer.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.
If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
THIRD PARTY RIGHTS
This contract is between the Users and us. No other party shall have any right to enforce any of its Terms unless expressly stated in these Terms, or authorized in writing by the Company.
If Users of the Website wish to contact us in writing, or if any clause in these Terms requires a notice in writing, they may send us an e-mail at firstname.lastname@example.org. We will confirm receipt of any email by contacting the User in writing by e-mail.
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees), or acts of local or central government or other competent authorities.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the construed in accordance with laws of Canada.
The Parties irrevocably agree that the courts of Canada shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).