Checkupsmed.com Website Terms and Conditions (Referred to as T&C)
We advise you to carefully read these Terms and Conditions prior to using checkupsmed.com
By using checkupsmed.com, the User agrees to the following:
Checkupsmed.com is managed by CheckUps Medical Ltd. The website offers a variety of services and products related to Payment Services, Management Services, Software and Applications, and value-added Services as included on the website from time to time (“The Services”).
The Services listed on checkupsmed.com may be provided by CheckUps its parent, sister, subsidiary companies and/or other various approved third-party providers and distributors.
The use of checkupsmed.com is subject to the T&C stipulated. The T&C constitute an agreement between CheckUps and the User of checkupsmed.com.
The User is requested to read the T&C as they determine their rights and obligations. The use of this website and the web pages linked to checkupsmed.com constitute a definite and irrevocable acceptance on the part of the User to all the T&C. The User and/or anyone on their behalf shall not have any claim and/or demand, whether direct or indirect, against CheckUps and/or their owners, and/or anyone acting on their behalf, except as provided here within.
CheckUps is the company which manages the business and is the party with which the User enters into a contractual agreement.
Data, Information, Security, and Privacy
The personal details that the User submits on the website, including the details of their purchase(s), shall be retained by CheckUps for their database. CheckUps shall not provide this information to any third party, except to their service providers and only for completing the order.
– (a) CheckUps has put the required resources and takes measures to prevent others from entering checkupsmed.com and infringing upon the privacy of the checkupsmed.com Users. However, it is impossible to totally prevent others from entering the website and obtaining the information contained within, without CheckUps knowledge and authorization. Therefore, the User hereby declares that they shall not have any claims and/or demands, whatever sort, against CheckUps and/or anyone acting on their behalf, arising from such unauthorized use of the information, if it shall regretfully occur.
– (b) CheckUps is a registered Data Controller within the laws of Kenya and protects the User data by means of technical and organizational security measures against accidental or manipulation, loss, destruction, or access by unauthorized or unwarranted persons. Our security measures, such as data encryption, are regularly enhanced in accordance with technological development. Except for the limited rights to use the services, the User does not acquire any interest in the services or data obtained by CheckUps including customer data, and all aggregate data which may include User data and data received from others. Data is defined as data provided by the User to CheckUps or obtained by CheckUps through the issuance of pixels via website(s), online media, and such other digital presence as made available to the User or. Without limitation, as between CheckUps and the User, CheckUps owns, and shall continue to own, all intellectual property and other proprietary rights in and to all portions of the services and the data. The User hereby grants CheckUps the limited right to use the this data to perform the services as well as provide value-added Services offerings as may be required from time to time and further authorizes CheckUps to place such data in a database controlled by CheckUps where it may be combined with the data of others to form aggregate data for analysis and the performance of services for the User and, with regard to such aggregate data, perform services for others. In providing services for others CheckUps agrees not to disclose that said aggregate data containing personal data unless such disclosure is agreed to by the User.
Ownership and Rights
Checkupsmed.com, and such related trademarks and intellectual properties contained within this website are the property of CheckUps and/or of other third parties that place content on checkupsmed.com. The User must not alter and/ or cause to alter the content contained within checkupsmed.com. Furthermore, the User must not copy and/or commercialize, in any way, directly and/or indirectly, data and/or information, and/or any other element contained, and/or is a part of checkupsmed.com.
Nothing contained on checkupsmed.com should be construed as granting or conveying any license and/or any right to use any of the propriety rights displayed on checkupsmed.com, nor any waiver of any kind, of those rights by their authors.
The use of any trademarks and/or other propriety rights, contained in checkupsmed.com, on any other website and/or in any other environment is strictly prohibited. The User must not post and/or transmit any unlawful, and/ or immoral material, and/or any other material that could constitute and/or encourage conduct that would be considered a criminal offence, and/or give rise to civil liability and/or otherwise in violation of any law.
Illegal and/or unwarranted use of checkupsmed.com and/or of the information contained in checkupsmed.com shall constitute a breach of ownership of intellectual properties, and a violation of propriety laws. The User hereby declares that they know that checkupsmed.com and all the information and/or data contained within, as well as the form and design of checkupsmed.com, are the exclusive property of CheckUps, and in the case of third parties’ advertisements or contents, the property of those other third parties.
CheckUps and any third party whose contents are on checkupsmed.com make no warranty whatsoever in regard to checkupsmed.com and the Services and products advertised in checkupsmed.com, all of which are provided on an “as is” basis. CheckUps and any third-party providers and/or distributors, do not warrant the accuracy and/or completeness and/or reliability of any of the content and/or information and/or data contained on checkupsmed.com, and expressly disclaim, to the maximum extent permitted by the applicable law, all warranties and conditions, including implied warranties and conditions of merchant and sub-merchant ability and/or fitness for a particular purpose, and non-infringement, and those arising by statute and/or otherwise in law and/or from a course of dealing and/or usage of trades. checkupsmed.com also includes merchant information over which CheckUps has no supervisory control. CheckUps does not authenticate this information and will not bear any liability for any mistake, and/or deceit, and/or discrepancy, and/or missing information included therein.
Copyright Clause
This website is copyright protected by the laws of Kenya and by International Treaties. No part of this website may be saved or stored, reproduced, used or transmitted in any form or by any electronic or mechanical means, including, but not limited to storage thereof by e-mail or any other means, and the use thereof on any other website and/or any other media form, without the written and express permission of CheckUps.
Liability Clauses
The liability of CheckUps is limited by the terms of contract as well as by international conventions and local laws. Before making an order for a specific service, booking and reserving a service through checkupsmed.com, it is recommended to read the specific customer contract of the service provider that operates the underlying service (known as the Merchant terms of service). If the User wishes to receive the contract conditions of the service provider, they can contact CheckUps at the stipulated contact details, and this information, if available, shall be given to them under the condition that the User has obtained service through CheckUps.
If the Services ordered by the User are not Services that are provided by CheckUps, CheckUps shall be considered only as an intermediary between the User and the service provider and therefore CheckUps shall not be liable, directly and/or indirectly, to any damage and/or loss, of whatever sort or kind, due to the faulty and/or improper performance of those Services and the liability, in this regard, shall be borne by the service providers who shall acknowledge full responsibility on service matters, according to prevailing terms of service.
CheckUps and/or anyone acting on their behalf do not warrant that the website is free from viruses and/or other malicious components that may damage the User’s computer and/or other equipment and therefore shall not be responsible, under any circumstances, and/or liable for any damages, of whatever sort or kind, caused by such viruses and/or other components.
In no event, shall CheckUps and/or any third-party provider be liable for any injury and/or loss, and/or claim and/or damage, and/or any special and/or exemplary and/or punitive and/or indirect and/or incidental and/or consequential damage of any kind (including, but not limited, to lost profits and/or lost savings and/or revenues), whether based in contract, tort, strict liability, or otherwise, which arises out, or in any way connected with, any use of checkupsmed.com and/or any failure and/or delay (including, but not limited to, the use, or inability of use, of any component of checkupsmed.com), the performance and/or non-performance by CheckUps and/or any third-party provider and/or distributor, even if CheckUps and/or any such third party has been advised of the possibility of such damages.
The User shall indemnify and hold harmless CheckUps and/or anyone acting on their behalf and/or any third-party provider and distributor and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that CheckUps may be liable to due to the usage of checkupsmed.com by the User.
Change, Modifications, and Cessation of the Website and Offered Services
CheckUps may cease at any time the activity of checkupsmed.com and/or cancel the Services offered in it, including, but not limited to, all or some of the links contained in checkupsmed.com to other websites.
CheckUps may cancel the purchase of the Services by the User, without any prior notice. CheckUps may refuse access or cease access to checkupsmed.com or to any part of it, to any User and at any phase, at their sole discretion and without any prior notice.
CheckUps may change and modify, from time to time, the website’s structure and/or outlook and/or T&C of use and/or the scope and availability of their offered Services and/or any other element connected to the website, the operation, and the services, at their sole discretion and without prior notice.
All pictures and images displayed on checkupsmed.com are for demonstration purposes only and do not, in any of form, constitute any obligation of whatever sort on CheckUps‘s part.
Information displayed on checkupsmed.com that is given to CheckUps by third parties is under the sole responsibility of those parties, and CheckUps shall not be responsible and/or liable to any mistakes and/or misrepresentation, of whatever sort regarding such information.
Use of checkupsmed.com Website
The User may use checkupsmed.com to make legitimate orders or purchase different Services and must not use checkupsmed.com for any other purposes, including without limitation, to make any speculative, false, or fraudulent order and/or any order in anticipation of demand.
Whenever and wherever applicable, an order through checkupsmed.com can be paid only by the forms of payment represented in checkupsmed.com. Any person who owns a valid credit card or other form of payment may purchase Services through CheckUps. Without detracting from the above stated, a condition precedent for the execution of the purchase order through checkupsmed.com is the receipt of the approval of the User’s credit card company or form of payment provider for the purchase.
checkupsmed.com is intended for the provision of information on different Services and products and for the receipt of information in this regard to such Services and products. No other use is permitted, unless a specific separate contract dictates any additional use of checkupsmed.com.
If the User represents that they are of a sufficient legal age to use checkupsmed.com and to create binding legal obligations for any liability that they may incur as a result of the use of checkupsmed.com, he shall be financially responsible for all uses of checkupsmed.com by the User and those using his login information.
Service Order Procedures
The User can either call at stipulated contact details or enter in the chosen order’s details, the form of payment details, and all other details requested by the order form. The User shall be solely responsible for all errors while entering the different requested details, including, but not limited to, errors in choosing the service details and/or services that the User wishes to purchase.
CheckUps and/or third-party providers and/or distributors shall not be responsible and/or liable, directly and/or indirectly, if the order and/or some of the order’s details shall not be accepted by the system, for whatever reason and/or cause.
CheckUps shall not be responsible for any technical and/or other problems that shall prevent the User from purchasing the services on checkupsmed.com.
Entering false details, including invalid credit card details and/or details of credit cards that the User has no right to use, is a criminal offence. Legal action can be taken against anyone entering false information, including civil suits for damages, which CheckUps and/or any third-party providers and/or distributors, might incur due to, or regarding, the entering of false information.
CheckUps and/or third-party providers and/or distributors are under no obligation to accept the User’s order and/or to give it priority over other orders including orders that were made later.
Links from checkupsmed.com to Other Websites
checkupsmed.com contains links to different commercial websites and other internet pages (hereinafter: “the other websites”). CheckUps has no control over the other websites, and the use of them is subject to the terms, conditions, and other instructions detailed in the other websites, if such exist. The websites are provided only for the User’s convenience and are not endorsed by CheckUps in any way or form.
CheckUps shall not be liable in any way whatsoever to the contents of the other websites and the inclusion of the links are not, in any way, confirmations of whatever sort, on CheckUps’s behalf, as to the truthfulness and/or correctness of the information contained on the other websites.
If the User shall decide to access the other websites, they do so at their own risk. Every transaction that the User will carry out on the other websites shall be executed directly between the User and the other website and/or the website owners and/or their operators and/or anyone acting on their behalf, without any involvement on the part of CheckUps and/or anyone acting on CheckUps’s behalf, and CheckUps and/or anyone acting on their behalf shall not be liable, in any way or form, to any act and/or transaction and/or purchase that shall take place in the other websites.
By using checkupsmed.com, the User agrees and acknowledges that they will have no claim and/or demand, of any kind or form, against CheckUps and/or anyone acting on their behalf for any use and/or act and/or transaction and/or purchase of products and/or Services that will take place on the other websites.
If CheckUps and/or anyone acting on its behalf, shall try out of their goodwill and on exceptional basis to assist in solving a problem of a User on checkupsmed.com that chose to carry out a transaction on the other websites, this assistance shall not be interpreted in any way as putting any liability, of whatever kind or form, on CheckUps and /or anyone acting on its behalf. Similarly, nothing shall be interpreted in these T&C as creating any liability of whatever sort or kind on CheckUps and/or anyone acting on its behalf, for any act, whatsoever, that the User has taken on the other websites or by means of the other websites.
Severability
These T&C, together with those incorporated herein or referred to herein, constitute the entire agreement between CheckUps and the User, relating to the subject matter hereof, and supersedes any prior understandings and/or agreements (whether oral and/or written) regarding the subject matter, and may not be amended and/or modified except in writing or by making such amendments or modifications available on checkupsmed.com.
Additional T&C may apply to orders, purchases of goods and/or Services and other uses of aspects of checkupsmed.com, and the User agrees to abide by such other T&C.
The T&C shall be deemed severable. If any provision shall be determined to be unenforceable and/or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by the applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
The law of Kenya only, shall govern this agreement. The Courts of Kenya shall have the exclusive jurisdiction in any dispute and/or complaint and/or the claim regarding the use of checkupsmed.com.
All information on this website is the property of CheckUps. Reproduction in part or whole is strictly forbidden unless express consent is given by management.
For any queries please email info@checkupsmed.com or contact us on www.checkupsmed.com/contact