afyatrack.com / AfyaTrack App

Terms and Conditions

IMPORTANT!

READ THIS ENTIRE AGREEMENT CAREFULLY.

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF AFYATRACK WEBSITE AND OUR SERVICES.

1. Introduction

Welcome to the www.afyatrack.com  Web Site or App and AfyaTrack App. This Web Site or App and the app, and the information, content and services it makes available (which, collectively are referred to as the “Web Site or App“), is provided to you by Afya For All Group, a Tanzania limited liability company, with its principal offices are in Dar es Salaam, Tanzania (“AfyaTrack” or “We“). These Terms of Use (this “Agreement“) sets forth the terms and conditions governing your use of this Web Site or App. By accessing or using this Web Site or App you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time.

2. Modifications to this Agreement

AfyaTrack may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site or App, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site or App following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site or App you should check to see if a new version of the Agreement has been posted.

3. Contact Information

If you have any questions or concerns with respect to this Agreement or the Web Site or App you may contact a representative of AfyaTrack by e-mail at [email protected]  or mail at Customer Service, Afya For All Group, P. O. Box 33998, Kinondoni, Dar es Salaam, TANZANIA.

4. Web Site or App Intended Audience

This Web Site or App is operated by AfyaTrack from its offices in Tanzania. This Web Site or App is directed to adults in Tanzania and East Africa and is not intended for children under the age of 13.

5. Privacy

The information that we obtain through your use of the Web Site or App, whether collected through the registration process, submitted by you in posts to the Web Site or App, or otherwise, is subject to our Privacy Policy available at http://www.afyatrack.com/privacy-policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site or App. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the Web Site or App.

6. Your Use of Content and Information – Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content“) is available on the Web Site or App. Some of the Content is provided by AfyaTrack or its suppliers, and other Content is provided by persons who use the Web Site or App (“Users“), such as User opinions and views provided via posts to chat rooms, bulletin boards, or discussion forums. While AfyaTrack strives to keep the Content that it posts on the Web Site or App accurate, complete, and up-to-date, AfyaTrack cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by AfyaTrack or its suppliers, or by Users of the Web Site or App.

THE CONTENT AVAILABLE VIA THE WEB SITE OR APP IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AFYATRACK NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

YOUR USE OF THE WEB SITE OR APP IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE OR APP.

7. No Obligation to Prescreen User Content

AfyaTrack does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site or App. However, AfyaTrack will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

8. User-Submitted Content 

Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site or App. By doing so, you (1) represent and warrant to AfyaTrack that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to AfyaTrack and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Web Site or App or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.

Restrictions on Submissions

You agree that you will not submit, post, or otherwise make available to or through the Web Site or App any Content, that:

1. is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another’s privacy;

2. infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;

3. contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;

4. includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; or

5. you do not have the right to submit, post, disseminate, or transmit.

Details regarding our use of personally identifiable information included in User submitted Content are set out in our Privacy Policy.

Complaints About Content

If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on the Web Site or App, you must do so in accordance with our “Notice and Procedure for Making Complaints Regarding Content” as described below and we will address it in accordance with the procedures set forth there.

9. Compliance With Laws

You agree to comply with all laws applicable to your use of the Web Site or App. You also agree that you will not use the Web Site or App in any way to:

1. impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Web Site or App;

2. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;

3. interfere with, disrupt, or harm in any way the Web Site or App or servers or networks connected to the Web Site or App;

4. electronically stalk or otherwise harass another User;

5. engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law; or

6. use the Web Site or App in violation of any applicable laws or regulations, or any rules or guidelines established by AfyaTrack.

7. Unlawfully commit any crime as stipulated in Tanzania Cybercrimes Act 2015.

10. Ownership and Intellectual Property Rights

This Web Site or App is owned by Afya Track LTD. All right to, title to, and interest in the Content available via the Web Site or App, the Web Site or App’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site or App, and the Web Site or App URLs, are the property of AfyaTrack (Afya Track LTD) or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

AfyaTrack grants you a nonexclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site or App only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site or App in any other manner or for any other purpose without the prior written permission of AfyaTrack. All rights not expressly granted in this Agreement are expressly reserved to AfyaTrack.

Trademark Notices

All trademarks, service marks, logos and designs used on this Web Site or App, whether registered or unregistered, are owned by AfyaTrack or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by AfyaTrack or its affiliates without our prior written consent.

11. Your Contact With Advertisers or Other Third Parties

Your dealings with advertisers or other third parties found on or accessible through the Web Site or App are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.

AfyaTrack does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that AfyaTrack will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site or App.

12. Other Web Site or Apps
Links to Other Web Site or Apps

The Web Site or App, or third parties on the Web Site or App, may provide links to other sites and/or resources, including advertisers, over which AfyaTrack has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by AfyaTrack of content, items, or services on those third-party Web Site or Apps. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. AfyaTrack makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web Site or Apps. You agree that AfyaTrack has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.

13. Disclaimer of Warranties With Respect to Web Site or App

THE WEB SITE OR APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFYATRACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

AFYATRACK DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE OR APP WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. AFYATRACK MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR APP OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE OR APP.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE OR APP IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

14. Limitations of Liability

AFYATRACK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE OR APP. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

ADDITIONALLY, IN NO EVENT WILL AFYATRACK OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR APP; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITE OR APPS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR APP; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE OR APP. THESE LIMITATIONS WILL APPLY WHETHER OR NOT AFYATRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. Indemnification

You agree to indemnify and hold harmless AfyaTrack, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site or App.

16. Notice and Procedure for Making Complaints Regarding Content

If you believe that any specific Content available on the Web Site or App either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please write to us [email protected]

17. Modification or Suspension of the Web Site or App

AfyaTrack may at any time modify, discontinue, or suspend its operation of this Web Site or App, or any part thereof, temporarily or permanently, without notice to you.

18. Termination of Your Access

AfyaTrack may at any time terminate your use of the Web Site or App, or any part thereof, and may remove or delete any or all of your Content within the Web Site or App, without prior notice to you, for any reason that AfyaTrack, in its sole discretion, deems appropriate.

19. Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

20. Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Web Site or App shall be governed by and construed in accordance with the laws Tanzania giving effect to any principles of conflicts of law. Any legal action or proceeding between AfyaTrack and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Tanzania, and you agree to submit to the personal and exclusive jurisdiction of such courts.