HealthKer™ Online Experience Terms of Use. Agreement to Terms of Use
Thank you for visiting the HealthKer Online Experience, which includes this web site (www.HealthKer.com) and the information, community and services that we provide to you and other users through this web site or application. HealthKer wants you and other users to have safe, enjoyable access to the Online Experience, so we have established these terms, conditions and policies (“Terms of Use”) so that you, other users and HealthKer know what to expect from each other.
BY USING THE ONLINE EXPERIENCE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE ONLINE EXPERIENCE.
HealthKer may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of the Online Experience following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, HealthKer grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Online Experience.
Content
All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Online Experience is owned, controlled or licensed by or to HealthKer, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Online Experience and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without HealthKer’s express prior written consent.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
Health-Related Content
Any health-related Content residing on the Online Experience describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. The Online Experience and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Online Experience.
You understand and agree that in no event will HealthKer and its parent company be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Online Experience. Reliance on any information provided by, or otherwise appearing on, the Online Experience is solely at your own risk.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 112 or contact your local emergency assistance service immediately.
Links to Third Party Sites
This Online Experience may contain links to other independent third-party web sites. HealthKer provides these links for your reference only. HealthKer does not control these web sites, and HealthKer is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.
Privacy
Please review our Privacy Policy, which also applies to your use of the Online Experience. To view our full Privacy Policy, click here.
Electronic Communications
I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by HealthKer, about healthcare and consumer products/services, regardless my status on any State or national Do Not Call list. I understand consent is not a condition of purchase.
In addition to email, I understand that HealthKer may use SMS communications to interact with me on a recurring basis with 1 SMS per applicable event, and that I will receive an SMS confirmation of my opt-in at the end of the sign-up process. Such messages may include limited personal information about my prescriptions, treatment or benefits, and individuals with access to my mobile phone, carrier account or email address will also be able to see this information.
I understand that I may stop receiving email alerts by calling HealthKer. HealthKer does not impose separate charges for text alerts; however, I understand that messaging and data rates from my mobile carrier may apply and I am responsible for any such charges.
Your Conduct
You must be at least 18 years of age to use the Online Experience. You agree not to interrupt or attempt to interrupt the Online Experience’s operation or any other person’s use of the Online Experience in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Online Experience will not be permitted, including by means of hacking or defacing any portion of this Online Experience, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
You may not use the Online Experience or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HealthKer or others. You are prohibited from posting on or transmitting through the Online Experience any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Online Experience or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Online Experience or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Online Experience.
HealthKer reserves the right to terminate or suspend your access to and use of this Online Experience without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.
Accounts, Passwords and Security
Certain information or services offered on or through this Online Experience may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Online Experience using your account or User ID. HealthKer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Online Experience. Because any termination of your access to the Online Experience may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Online Experience. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Online Experience.
By using the Online Experience, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Online Experience may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Your account Information and certain other information about you is subject to our Privacy Policy.
Wireless Phone Policy
By providing your wireless phone number to HealthKer, you expressly consent to HealthKer calling you at this phone number—in person or through an automated system.
TCPA Opt-In
I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by HealthKer, about healthcare and consumer products/services, regardless my status on any State or National Do Not Call list. I understand consent is not a condition of purchase. Messaging and data rates may apply from your mobile carrier.
Health Information Access and Requests
By finishing the online signup process and adding your payment method, you give HealthKer and it’s parent company consent to receive, store, analyse and commercialise your healthcare data.
Disclaimers
HEALTHKER DOES NOT PROMISE THAT THE ONLINE EXPERIENCE OR ANY CONTENT, SERVICE OR FEATURE OF THE ONLINE EXPERIENCE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ONLINE EXPERIENCE WILL PROVIDE SPECIFIC RESULTS. THE ONLINE EXPERIENCE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. HealthKer CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
HEALTHKER DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS ONLINE EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HEALTHKER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY HEALTKER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HealthKer FOR DISSATISFACTION WITH THE ONLINE EXPERIENCE OR ANY CONTENT IS TO STOP USING THE ONLINE EXPERIENCE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.
HealthKer reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Online Experience, or any portion of the Online Experience, for any reason; (ii) to modify or change the Online Experience, or any portion of the Online Experience, and any applicable policies or terms; and (iii) to interrupt the operation of the Online Experience, or any portion of the Online Experience, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitations of Liability
IN NO EVENT WILL HEALTHKER OR ITS PARENT COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE ONLINE EXPERIENCE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE EXPERIENCE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE ONLINE EXPERIENCE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE EXPERIENCE; OR (v) ANY OTHER MATTER RELATING TO THE ONLINE EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF HealthKer HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
If, notwithstanding the other provisions of these Terms of Use, HealthKer is found to be liable to you, any liability on the part of HealthKer will not exceed the fees paid by the user for the particular information or service provided. HealthKer is not liable for the unauthorized use of our Content by any other web sites.
Indemnification
You agree to indemnify and hold HealthKer and its parent company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HealthKer by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Online Experience.
Governing Law; Choice of Forum; Dispute Resolution
If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of HealthKer information or services or of the Online Experience, including its Contents, will be governed by the laws of the Ghana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts for Ghana, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between HealthKer and you arising out of or in connection with your access to or use of HealthKer information or services or of the Online Experience, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
HealthKer welcomes your feedback. Any feedback you provide at the Online Experience will be deemed to be non-confidential. HealthKer will be free to use such information on an unrestricted basis.
Copyright Infringement Complaints
HealthKer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Online Experience in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Online Experience where the material that you claim is infringing is located; your address, telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:
Rx Health Info Systems C225/16 Ellebal House Tesano Accra, Ghana Attn: Copyright Agent
General Information
HealthKer may elect to monitor areas of the Online Experience by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Online Experience; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Online Experience.
HealthKer’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and HealthKer governing your use of this Online Experience. As stated above, your use of this site is also subject to our Privacy Policy.
HealthKer has multiple facilities as part of its pharmacy network under common ownership. HealthKer reserves the right to process or fill the medication order at any site in compliance with pharmacy regulations. The dispensing pharmacy will always be identified on the prescription label. All HealthKer locations can be found in our Service Guide.
Questions or Additional Information
Email: support@rxhealthinfosystems
Mailing Address:
Rx Health Info Systems, C225/16 Ellebal House, Tesano, Accra, Ghana
The information contained in here is subject to change without notice. Copyright 2020 Rx Health Info Systems All rights reserved.
Last updated on March 30, 2020