DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, SEEK HELP IMMEDIATELY. BEFRIENDERS KENYA HAVE A SUICIDE HOTLINE AT +254722178177

Please read these Terms of Use carefully (“Terms”). These Terms govern and apply to your access and use of the communication platform offered by The Nijali Foundation (“Nijali Helpline”), Nijali Helpline services available through the Nijali Helpline website and Nijali Helpline mobile apps (“App”) (all hereinafter collectively, “Nijali Helpline” and the Nijali Helpline “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you,” “your,” and “yourself” refer to the individual user of the Service.

You hereby certify that you are

(i) over the age of eighteen (18), and (ii) physically located or are a resident of Kenya. If you are a resident of another country, please note that Nijali Helpline cannot currently provide the Services to permanent residents of European Union (EU) countries. You agree to provide correct “Contact Information” (your personal contact) while accessing the chat application should you need a Support Partner to follow up on you on email in case the communication is cut shot. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this information on age and residence information and that the Support Partners you access (“Support Partner(s)”) are relying upon this certification in order to interact with you and provide the Services. Should you want to remain completely Anonymous, kindly use Anon as your name and anon@anon.com as your email.

Service Content

Other than information received directly by you from a Support Partner, the Platform Content should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Site Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, The Nijali Foundation does not recommend or endorse any specific tests, providers, medications, products or procedures.

Use of the Chat Application

The Nijali Helpline uses a Third Party Application Tawk.to to provide the chat service to its users. For your convenience please find Tawk.to’s Terms and Privacy Policy.

To access the Services, you must first fill in the chat form by providing certain information. You agree that you will not start more than one session, or create a session for anyone other than yourself.

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither The Nijali Foundation nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

The following terms apply to any App accessed through or downloaded from any source (such as the Google Play Store or other similar platforms) where the App is made available (each such distribution platform an “App Provider”). You acknowledge and agree that:

these Terms are between you and Nijali Helpline, and not with the App Provider, and that Nijali Helpline (not the App Provider), is solely responsible for the App; and

the App Provider has no obligation to furnish any maintenance and support services with respect to the App Claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Nijali Helpline.

If you download the App, 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, Service, or App. The Service may change from time to time and/or Nijali Helpline may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

Support Partners

Nijali Helpline does not employ the Support Partners matched through the Service. Furthermore, Nijali Helpline assumes no responsibility for the quality of the therapeutic services a Support Partner provides, nor any act, omission or wrongdoing of any Support Partner. While Nijali Helpline will help you match with a Support Partner, help you find a new Support Partner if the match is unsuccessful and follow up on any complaints about your current Support Partner, however a Support Partner reserves the right to transfer your chat to another Support Partner should they feel the other Support Partner is better placed to solve your issue. The Nijali Helpline makes no representation or warranty whatsoever as to whether you will find the Support Partner’s services relevant, useful, correct, satisfactory or suitable to your needs.

The Nijali Helpline’s Support Partners are persons with qualifications on psychological studies or either still pursuing their certifications, undergraduates or postgraduates in the same field. Your relationship relating to the Support Partner is strictly with the Support Partner. Nijali Helpline is not involved with the actual substance of that relationship and does not validate or control any of the Support Partner provided counseling. You are advised to exercise a high level of care and caution in the use of the Nijali Helpline. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Service may not be a full and complete substitute for a face-to-face session by a licensed Support Partner. You should never rely on or make health or well-being decisions purely on use of Nijali Helpline. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare Therapist, or by traditional face-to-face appointment; because of information or advice you received through Nijali Helpline.

Intellectual Property

All of the content available on or through the Service is the property of Nijali Helpline or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Nijali Helpline or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

“The Nijali Foundation” and “Nijali Helpline” are copyright terms. All rights reserved. Subject to the terms of this Agreement, Nijali Helpline hereby grants you a limited, revocable, nontransferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NIJALI HELPLINE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NIJALI HELPLINE DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES NIJALI HELPLINE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU. NIJALI HELPLINE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL NIJALI HELPLINE, ANY NIJALI HELPLINE LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL NIJALI HELPLINE, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF NIJALI HELPLINE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Nijali Helpline, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Nijali Helpline. Nijali Helpline does not endorse the content on any third-party websites. Nijali Helpline is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Nijali Helpline does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

International Use

The Service is designed for and intended for users in Kenya. While many countries outside the European Union do not prohibit the transfer of private medical or prohibit the practice of remote Therapy using text and video; Nijali Helpline makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside Kenya. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside Kenya, you do so on your own initiative and you are responsible for compliance with local laws.

Termination

Nijali Helpline may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Nijali Helpline has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Nijali Helpline reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

All de-identified data, meta-data and research data collected by Nijali Helpline through your use of the Services remains the sole property of Nijali Helpline. You shall not request Nijali Helpline remove or delete any of such data. You agree that the email username you provide can be used by Nijali Helpline to send you newsletters from the Platform.

You agree that Nijali Helpline may collect and use all data provided to or created by the Service in compliance with Nijali Helpline’s Privacy Policy. For more information about how your personal information is handled, please see the privacy policy of Nijali Helpline at https://www.nijali.org/helpline/privacy-policy.

Understand that Nijali Helpline must store all personal data as required by law and typically for no less than seven (7) years and may not delete such data, even upon your direct request.

General

These Terms constitute the entire agreement between Nijali Helpline and yourself regarding the Service, and supersede and replace any prior agreements you and Nijali Helpline might have regarding the Service. Nijali Helpline may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

These Terms were last updated on July 18th, 2018 and are deemed effective as amended as of this date.

 

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