(“Agreement”) set forth the general terms and conditions of your use of this “website of Lab Medicine Society of Kenya of URL www.lmsk.co.ke”, herein referred to as “Website”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and owner of this website and its affiliates (“Lab Medicine Society of Kenya”, “we”, “us” or “our”). By creating an account, you agree that you are bound by this agreement. You are not allowed to enter into this agreement on behalf of a business, organization, hospital, medical clinic, or other legal entity. By accessing and using the Website and Services, you acknowledge that this agreement is a contract between you and Lab Medicine Society of Kenya, and its affiliates, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Our Purpose & Services
The broad purpose is to equip our users with up to date information in the healthcare industry with a view to improving their skills and abilities in patient care alongside exposing gaps in the industry that inform policy formulation and implementation in solving health challenges of communities around the world. Our membership registration, educative materials, training and learning services are accessible through this Website.
Account and Membership
You must be at least 18 years of age to sign up and use this Website and Services. By using this Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in this Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may monitor and review new accounts before you may sign in and start using the Services. Providing false information of any kind may result in the termination of your account. You must immediately notify us of any access to your account which you did not authorize or any other breeches of security you detect to enable us take action accordingly. We will not be liable to any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You shall be allowed to terminate your account or opt out of our services if you so wish by emailing your request to us.
We may suspend, disable, deactivate or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or your conduct or content would tamper with or damage our reputation and goodwill and you shall not recreate an account without our permission.
Your Commitment
You shall assign to your account the accurate information about yourself including; a username, which shall be your legal name, your national identification number, your active email address, your active mobile phone contact/number and your license number or student admission number (whichever is applicable to your case). At the profile page of your user account, we provide an optional opportunity for you as user to upload your personal photo if you so wish and you shall not upload a photo which is not yours in connection with this provision.
Your name shall be used in identifying you as an account holder, your email address shall be used in channelling to you necessary communication or notification initiated by the Website automatic settings and/or initiated by officers of Lab Medicine Society of Kenya within or outside the website, including; sending to you training alerts and connected links (if applicable) to joining that same training for virtual trainings, notifying you of any physical event planned that require your voluntary participation, verifying your account, resetting your account password for any reason, receiving certificate(s) for any certified training attended by you to the required threshold or any communication we find relevant. Your mobile phone contact/number is used for quick communication between you and us “Lab Medicine Society of Kenya” under circumstances that: we notice erroneous data submitted which require corrections; we notice that the training certificate(s) emailed to you do not complete to delivery due to technical hitches arising from your side; or any communication considered urgent. Lab Medicine Society of Kenya is accredited by the Kenya Medical Laboratory Technicians and Technologist’s Board as a training provider to Medical Laboratory Practitioners in Kenya and for that reason your national Identity number, name and licence number shall be used to enable us upload or submit your training attendance to the Kenya Medical Laboratory Technicians and Technologist’s Board or government council, board or body from time being responsible for lawful regulation of the practice of Medical Laboratory Profession in Kenya in order for them to process and award you the Continuous Professional Development (CPD) points which is a policy requirement if your practice falls within the purview of that regulation however we do not have Non-Disclosure Agreement with the Kenya Medical Laboratory Technicians and Technologist’s Board and whenever your training attendance data is submitted to it, such data ceases to be under our control and further protection of such data shall be according to its policies and we do not take responsibility for any commissions, omissions or breech of data which is not within our control. Your photo being optional is purposely for beautification of your profile. If you are a presenter and/or a trainer in our webinars, you agree that we shall record the audio and displays during the webinar session. You also agree that we shall avail that recorded session through social media platforms or whichever platform we shall find appropriate to our users as part of extended learning and further uploading of the same recorded version of your presentation onto our YouTube channel and provide a link to such presentation for our users to use for future reference and better understanding of the concepts contained therein. Your student admission number shall be used to identify you as a student. You shall create only a single account for your personal use and keep private your password. You shall not use the Website to cause threats, insecurity, physical harm, physiological harm or emotional harm, theft or conning, money laundering, charging fees or any form of remuneration or compensation in any way and violating the rights of other users.
Our Commitment
We shall serve within our means to meet the purpose of the Website and to confer benefits to users as explained under “purpose and service” section of this agreement.
We shall keep confidential your email address, national identity number, licence number, and other personal data we require from you and use it for the intended purpose only. We shall grant any user the right to edit their profile at any time or realign it with any of their updated information as long as they are not infringing or violating rights of other users. We do not allow any user to see or access an account of another user of our Website. We shall provide training on use of the Website through applicable means when requested by any user to the understanding of such user. We shall resolve within our means technical hitches users of the Website and Services may experience in their usage of the Website and Services. We commit to remove any earlier Content submitted by you should you ask us to do so and this shall be done within one month after acknowledging the receipt of your request or as reasonably guided by us.
We commit to delete an account when the user holding such accounts requests us to do so in case of which all or some of the data related to such accounts shall no longer be available with us.
We commit to avail this “terms and conditions” to users of our Services or anyone willing to be a user, as a printable document or in format we shall be able to upon request by such users. We shall provide to extent possible evidence of part or whole of activity within the Website when required by a court of competent jurisdiction under circumstances that such are required purposely to protect against insecurity, threats or related harm to user(s) or to remedy already executed violation to user(s).
User Content
We do not own any data, information or material (collectively, “Content”) that you submit to us for use within this Website which include but not limited to data submitted by you during the account sign up, learning materials such as journals, power point presentations, links to video presentations approved to be relevant by us, links to other websites in which your publications or materials or files are domiciled if such links are approved by us, portable document files or any other we may allow from time to time. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership rights to all Contents submitted by you.
We may, but have no obligation to, monitor and review the Content submitted by you or Content downloaded by you or watched by you while using our services. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content submitted by you to align with the purpose of this Website and Services. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our policies or is in our reasonable opinion, violates any of our policies or in any way is harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content submitted by you for educative purposes, marketing our reputation or any similar purpose.
Backups
We perform regular backups of the Content and will within our means ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore within our means backups to minimize the impact and downtime. We also do not guarantee that any of your Content or materials submitted to us shall be available on our Website three years after such submissions as we may delete Contents whose purpose(s) are already met to create storage space for new ones.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, e.t.c) which may contain adverts, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offering of any businesses or individuals or the content and their resources. We do not assume any responsibility or liability for actions, products, services and Content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Website. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules or local ordinances;
(d) for plagiarism, infringement upon or violation of our intellectual property rights or intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other form of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Website and Services, third party products and services or the internet;
(k) to charge fees, remuneration or compensation.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
“intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all application and rights to apply for and be granted, rights to claim priority from such rights and all similar or equitable rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Lab Medicine Society of Kenya and its affiliates or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Lab Medicine Society of Kenya.
Some trademarks, service marks, graphics and logos used in connection with the Website and Services or its licensors may be trademarks of other third parties and your use of the Website and Services shall not grant you the right or license to reproduce or otherwise use such trademarks except when authorised by the owner(s).
Limitations of Liability and Disclaimer of Warranty
To the fullest extent permitted by applicable law, we make no guarantee that our services will be free from errors, delays or interruptions and in no event will Lab Medicine Society of Kenya or its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of Content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, warranty, breech of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Lab Medicine Society of Kenya and its affiliates, officers, employees, agents, suppliers and licensors relating to the Service will be limited to an amount no greater than one US dollar or any amounts actually paid in cash by you to Lab Medicine Society of Kenya the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or falls of its essential purpose.
Disclaimer of warranties
Except as expressly set forth in this agreement, our Services are available on an “As is” and “As available” basis.
Indemnification
You agree to indemnify and hold Lab Medicine Society of Kenya and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be binding only to extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable by a court of a competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect of the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Kenya. The exclusive jurisdiction and venue of actions related to the subject matter hereof shall be the courts located in Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceedings arising out of or related to this agreement. The United Nations Convention on Contracts for International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this agreement or its terms related to the Website and Services at any time at our discretion. When we decide to modify, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
Any updated version of this Agreement will be effective immediately upon publishing of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such act specified at that time) will constitute your consent to those changes.
Acceptance of These Terms
You acknowledge that you have read and understood this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. This “terms and conditions”, was created with the help of WebsitePolicies.
Contacting Us
If you have any concerns regarding this Agreement, we encourage you to contact us using the details below: email;
