1.1 We are Tab Healthcare Supply. Our company information is at the end of this document.
1.2 These terms and conditions set out the agreement between us and the individual or organisation applying for the provision of our Services. By registering with us, you offer to enter a legal contract with us. We will send you a confirmation email after you register. This is our acceptance of your offer and the point at which a legally binding contract is formed. Note that if you subscribe for a paid account in future, that will be under this same contract and subject to the then-current version of these terms and conditions.
1.3 Please print or save these terms for future use as we will not keep a file copy specifically relating to our dealings with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in the English language only.
1.4 We explain in the headings what each clause covers. These headings are for guidance only and are not legally binding. When we say "including", we mean "including without limitation".
1.5 The following have particular meanings in these terms and conditions:
2.1 We may need to change the terms and conditions. If so, we will post notice on our website for a reasonable period before the change takes effect. Please check our site constantly. If you continue to use our Services after the effective date of the revised terms and conditions, you will be bound by them.
2.2 If you are a Consumer with a paid-for account and you don't agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by giving us notice by email to info@tabhealthcare.com before the effective date of the revised terms and conditions. If so, we will refund any advance payments referable to the period after your termination
3.1 We do not promise:
3.2 You acknowledge that we may have to suspend the Services for repair, maintenance or improvement. If so, we will use reasonable endeavours to restore them as quickly as is reasonably possible.
3.3 We may change or discontinue any part of the Services at any time.
4.1 The Services include support only insofar as specified on our website. If so, we will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems but do not guarantee that response times or rectification will be achieved.
4.2 We shall not in any event be obliged to supply support:
4.2.5 Any support which we agree to supply in addition to that covered by agreement between us shall be charged at our then current standard rates and such fees shall be payable within 14 days of invoice.
5.1 You promise that you have power and authority to enter into this agreement.
5.2 You promise that you are at least of the legal age to form a binding contract with us.
5.3 You must comply with our reasonable instructions, requests and guidelines concerning the Services, including on our website.
5.4 You will provide information or other materials as reasonably requested by us to verify your compliance with the Agreement.
5.5 You promise that all information including contact and payment information (eg email and postal addresses, credit card numbers) which you provide in connection with the Services is accurate, complete and not misleading and that you will update it so that it remains so. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
5.6 You must comply with all applicable policies brought to your attention on our website. You acknowledge that these policies may change from time to time and that it is your responsibility to check them frequently.
5.7 You acknowledge that there is a risk that Your Content may be irretrievably damaged or lost if there is a fault or on suspension or termination. We may make our own back-ups but we cannot guarantee that we will do so, or if we do, that these will be made with the frequency you require or will successfully recover Your Content. It is therefore your responsibility to make appropriate back-ups of all of Your Content that you wish to save. We are not legally responsible for any loss or damage to Your Content which could have been prevented if you had made your own back-ups.
5.8 In the case of third party goods or services which we supply, you undertake to comply with any third party licenses or end user agreements which we bring to your attention.
5.9 You bear sole legal and other responsibility for the use of our Services and any products purchased through us.
5.10 You promise that you or your licensors own all right, title, and interest in and to Your Content and that Your Content will not infringe any third party intellectual or other rights.
5.11 You must comply with Regulation in relation to the Services including Data Protection Laws.
5.12 We may suspend or terminate your access to our Services in the event of Exceptional Circumstances concerning your use of the Services or insofar as otherwise permitted under this agreement.
5.13 You must observe any usage limitations specified when you ordered. If such limits are exceeded, we are entitled to suspend, end or impose extra charges for some or all of the relevant Services.
6.1 Prices are set out on our website. We may change our prices on giving at least 30 days' notice by email. The price change takes effect on your next renewal date thereafter.
6.2 If applicable, our fees are subject to applicable taxes which must be paid in addition at the appropriate rate.
6.3 You must make all payments without any set-off, counterclaim and/or any other deduction.
6.4 You must contact us and give us a reasonable opportunity to resolve the issue before making a chargeback.
6.5 If any amount due to us is unpaid including unjustified chargeback, we may: (a) charge reasonable additional administration costs; (b) charge interest (both before and after judgment) on the amount unpaid at the rate of 1.5% per month; (c) suspend our Services; (d) end this agreement.
6.6 You authorise us to take automated monthly payments whether by charging your credit card, taking payment via PayPal or otherwise.
7.1 If you are a Consumer, you may have the right to cancel this contract subject to the provisions set out below and in accordance with applicable law.
7.2 You have the right to cancel this contract within 14 days without giving any reason.
7.3 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
7.4 To exercise the right to cancel, you must inform us at info@tabhealthcare.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
7.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.6 If you cancel this contract, we will reimburse to you all payments received from you.
7.7 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.9 If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
8.1 You promise: (a) to keep any login details confidential (and you acknowledge that we may change these at any time for good reason); (b) to take reasonable steps in respect of matters in your control to minimise any risk of security breaches in connection with the Services e.g. by promptly implementing antivirus software and updates and security patches (except to the extent that you subscribe for any of our Services which include such features); (c) to notify us immediately of any actual or suspected security breaches in connection with the Services; and (d) to comply with our reasonable security checks.
8.2 You acknowledge that you are responsible for all persons who use your password or other log-in details to access the Services, whether authorised or not, unless we are at fault.
8.3 You are responsible for taking your own steps to maintain appropriate security of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routine archiving of Your Content.
9.1 Both parties are bound by Appendix 1 below in relation to any processing of personal data under this agreement.
9.2 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
10.1 We or our suppliers (including, where applicable, authors of open-source software) retain ownership of all intellectual property rights in any material (including our Content or Software) relating to the development or supply of the Services and to our website. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use such material solely in accordance with this agreement. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless and to the extent permitted by applicable law) or use such material without our specific prior written consent. You may not transfer any of our Software outside the Services.
10.2 As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this clause, we obtain no rights under this agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services. We may disclose Your Content to provide the Services or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
10.3 All licenses granted to you in this agreement are conditional on your continued compliance with this agreement and will immediately and automatically end if you do not comply with any term or condition of this agreement.
11.1 Any Content which we ourselves make available on our website is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
11.2 Our website may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
12.2 We are not responsible for any loss or damage which results from your failure to comply with this agreement.
12.3 If you are a Consumer: (a) we shall not be liable for any loss or damage caused by us or our employees or agents in certain circumstances; (b) you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement.
12.4 If you are not a Consumer: our liability is limited, and we exclude certain types of losses as set out in the full terms.
12.5 If we or our affiliates or suppliers are obligated to respond to a third party subpoena or other compulsory legal order, you will reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' time and materials.
12.6 We have no liability for any third party goods or services.
13.1 You may end this agreement at any time by deleting your account in accordance with the instructions on our website.
13.2 We may at any time without refund suspend or end this agreement (as regards some or all of the Services) with or without notice in the event of Exceptional Circumstances.
13.3 We may end this agreement at any time without cause by giving you notice by email. If so, we will provide a refund in respect of any fees already paid by you which relate to the period after termination.
13.4 The consequences of this agreement ending for any reason include: we will immediately stop supplying Services; we are entitled to irretrievably delete Your Content after 14 days; all licences granted by us terminate; any fees due remain payable.
14.1 We both agree that during the period of this agreement and for five years thereafter we will not use for any purpose apart from this agreement, or disclose, any Confidential Data received from the other party.
14.2 This clause does not apply to Content which enters the public domain, is independently known, is required to be disclosed by law, or is otherwise permitted under this agreement.
14.3 You will not misrepresent or embellish the relationship between us.
15.1 We may send any notices in accordance with the most recent contact information which you have provided to us.
15.2 Any notice required by this agreement to be given by any party in writing may be given by hand or sent by post or by email.
16.1 This agreement represents the entire agreement of the parties relating to its subject matter.
16.2 If any part of this agreement is deemed void or ineffective, the remainder shall continue in full force.
16.3 We may assign all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights are not prejudiced.
16.4 Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
16.5 We and you are independent contractors.
16.6 The failure to exercise or delay in exercising a right or remedy under this agreement shall not constitute a waiver.
16.7 A person who is not a party to this agreement shall have no right to enforce it.
17.1 This agreement is governed by the laws of the Republic of Kenya and any disputes will be decided only by the courts of Kenya.
18.1 Company name: Tab Healthcare Supply
18.2 Trading name: "Tab Healthcare"
18.3 Country of incorporation: Republic of Kenya.
18.4 Registered office and contact address: Nairobi, Kenya
18.5 Other contact information: See our website or email info@tabhealthcare.com.
Complete and return this form only if you wish to cancel the contract:
— To Tab Healthcare Supply of Nairobi, Kenya, info@tabhealthcare.com:
— I/We hereby give notice that I/We cancel my/our contract of sale of the following goods / for the supply of the following service,
— Ordered on / received on,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
In this section, "data controller", "data processor", "data subject", "personal data" and "processing" have the same meanings as set out in Data Protection Laws.
The following are the details of the processing to be carried out by us acting as data processor in relation to the following personal data processed on your behalf in connection with this agreement ("Data"):
We shall process the Data in accordance with Data Protection Laws and this agreement, maintain appropriate security measures, and comply with all obligations set out in this appendix.