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HealthFolk Terms of Service

Last modified: September 1, 2013

Welcome to HealthFolk! Thank you for your interest.

1. Company Information

1.1 The domains and website under www.healthfolk.net and the services on these pages are referred to as HealthFolk and are being offered to you by: Thinkwizer Limited (RC 835411), a Nigerian company registered according to the laws of the Federal Republic of Nigeria.

2. Terms and Conditions

2.1 This Statement of Terms and Conditions ("Statement," "Terms," ”Conditions” or "T & C") governs our relationship with users and others who interact with Healthfolk. By using or accessing Healthfolk, you agree to this Statement, even as updated from time to time.

3. Registration and Account Security

3.1 HealthFolk users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on HealthFolk, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your personal timeline for your own commercial gain (such as selling your status update to an advertiser).
You will not use Healthfolk if you are under 16.
You will keep your contact information accurate and up-to-date.
You will not share your password (or in the case of developers, your access credentials), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any Page or app you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

4. Eligibility
4.1 Subject to this Statement, Healthfolk is open to all Healthcare Professionals from anywhere in the world even though it is initially designed for Nigerian doctors. Open parts of Healthfolk can be viewed by anyone but are designed for Healthcare Professionals and, Thinkwizer reserves the right, at its discretion, to change any criteria from time to time.

5. Sharing Your Content and Information

5.1 You own all of the content and information you post on Healthfolk, and you can control how it is shared through your privacy settings:
For content you upload or share that is covered by intellectual property rights, e.g. photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings:
a worldwide license to host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. In essence, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Healthfolk (IP License). This IP License may end when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period (but will not be available to others).
When you use an app or affiliated third party software, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the Public setting, it means that you are allowing everyone, potentially including people off of Healthfolk, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback, comments or other suggestions about Healthfolk, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

6. Safety

6.1 We do our best to keep Healthfolk as safe as we can, but we cannot guarantee it. We need your help to keep Healthfolk safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Healthfolk.
You will not collect users' content or information, or otherwise access Healthfolk, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Healthfolk.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will follow our guidance and all applicable laws if you publicize or offer any contest, giveaway, or promotion on Healthfolk.
You will not use Healthfolk to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Healthfolk, such as a denial of service attack or interference with page rendering or other Healthfolk functionality.
You will not facilitate or encourage any violations of this Statement.


7. Protecting Other People's Rights

7.1 We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Healthfolk that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Healthfolk if we believe that it violates this T &C.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Healthfolk), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
If you collect information from users, you will: obtain their consent, make it clear that you (and not Healthfolk) is the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Healthfolk.
You will not tag users or send email invitations to non-users without their consent. Healthfolk offers social reporting tools to enable users to provide feedback about tagging.


8. Special Provisions Applicable to Software
If you download any associated software of ours, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
You also agree that HealthFolk will be updated from time to time, without your approval or notice to you.

9. Medical Disclaimers
9.1 The content of Healthfolk are for informational and educational purposes only and are not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. You are not permitted to advise, diagnose, or otherwise treat users on this Site. Neither the content nor any other service offered by or through this Site is intended to be for direct medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Thinkwizer is not responsible or liable for any claim, loss, or damage arising from the use of the information. Thinkwizer does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.

10. PATIENT DATA AND LEGAL COMPLIANCE
10.1 Healthfolk is not intended for the transmission, storing, review or receipt of confidential patient information ("Patient Information"). However, if you upload such Patient Information to the Site, the following terms apply: Lagos State Laws and Laws of the Federal Republic of Nigeria, as well as ethical and licensure requirements your profession may impose. You have obligations with respect to patient confidentiality especially any material that may influence the obligations of other physicians, health care providers, and persons acting on their behalf, to make use in an anonymized way of any Materials on this site or to transmit any information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Site, the Materials and any third party site. You agree that Healthfolk and its licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO HealthFolk) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.

11. Amendments
We can change this Statement if we provide you notice (by posting notice of the change on this site) and an opportunity to comment.
For changes we will give you a minimum of seven days’ notice.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
Your continued use of Healthfolk following changes to our terms constitutes your acceptance of our amended terms.

12. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Healthfolk to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

13. Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Healthfolk exclusively in a state or federal court located in Lagos State. The laws of the Federal Republic of Nigeria will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Lagos State, Nigeria, for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Healthfolk, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Healthfolk and are not responsible for the content or information users transmit or share on Healthfolk. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Healthfolk. We are not responsible for the conduct, whether online or offline, or any user of Healthfolk.
WE TRY TO KEEP HEALTHFOLK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING HEALTHFOLK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT HEALTHFOLK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT HEALTHFOLK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. HEALTHFOLK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR HEALTHFOLK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR HEATHFOLK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HEALTHFOLK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Definitions
By "Healthfolk" we mean the features and services we make available, including through (a) our website at www.healthfolk.net and any other Healthfolk branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Healthfolk or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Healthfolk.
By "content" we mean anything you or other users post on Healthfolk that would not be included in the definition of information.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Healthfolk or provide to Healthfolk through the Platform.
By "post" we mean post on Healthfolk or otherwise made available by using Healthfolk.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.
By "active registered user" we mean a user who has logged into Healthfolk at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

15. Other
This Statement is an agreement between you and Thinkwizer Limited. References to “us,” “we,” and “our” mean either Healthfolk, or Thinkwizer Limited, as appropriate.
This Statement makes up the entire agreement between the parties regarding Thinkwizer, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Healthfolk.

THANK YOU FOR USING HEALTHFOLK.


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