Updated 19 July, 2017
Maisha Meds is offering its service (“the Software Application”) to you to make it easier to track your business’s sales transactions, stocks, inventory, and operational information.
This Agreement is between a Registered User of the Software Application and Maisha Meds, which operates as Miti Health Limited in Kenya (“Maisha Meds”). By signing below, you agree to be bound by the terms of service outlined in this Agreement.
The term “you” refers to a person or organization that has registered for the Maisha Meds Software Application. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. You may not use the Software Application and you may not accept this Agreement if you are not of a legal age to form a binding contract with Maisha Meds.
1. The Software Application
The Maisha Meds Software Application is a point-of-sale and inventory management system that allows Registered Users to track stocks and analyze their business data
You agree to provide Maisha Meds with accurate contact information, including phone number, address, National ID, and PPB registration and license number. By providing us with your phone number or other contact information, such as an email address, you agree that we may communicate with you via SMS or electronically to that mobile number or email address as part of the service and that any communications sent to those addresses will serve as a formal notice under this Agreement.
Upon registration, you will be assigned a (1) Administrator User Name of your choosing, and (2) sample password. You may change the password provided to you through the Settings within the Software Application. As an Administrator, you are responsible for maintaining the confidentiality of your password, which allows exclusive access to some functions within the Software Application.
Each facility may also register multiple Basic User Accounts, each with its own password. The Administrator can restrict the types of access allowed to Basic Users.
Maisha Meds is committed to maintaining the confidentiality, integrity and security of any business or personal information stored within the Software Application or on the Maisha Meds Server, hosted by Amazon Web Services and cloud computing services.
These Terms of Service are designed to tell you how we collect, use, and protect personal information, so you can make an informed decision about using our Android application (available through the Google Play Store) and any future web portals or other applications associated with the Software Application.
By using the Software Application, you consent to the information collection and use practices described herein. This Policy may be changed with at least 30 days notice provided to Registered Users.
4. Our Protection of Your Data
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data. Maisha Meds agrees to protect customer data as per the laws of Kenya and will only ever disclose aggregated and anonymous data.
We shall not (a) modify your data, (b) disclose non-aggregated data, except as compelled by law, or (c) access your data, except to provide the Maisha Meds service and prevent or address service or technical problems, generate anonymous aggregate data, or at your request in connection with customer support matters.
Maisha Meds will NOT sell, collect, use, share, or rent any personal information for purposes other than those described in this Policy without first obtaining your consent. Maisha Meds will NOT share specific information about your business or your identity with third-party vendors.
Customers of Maisha Meds in good standing (not delinquent in their payments) will have the ability to export the sales and other data stored on the Maisha Meds Software Application to a spreadsheet(s) at any time.
When required to by law or we have a good-faith belief it is appropriate to comply with the law, (e.g., a lawful subpoena, warrant, or court order); to enforce these Terms of Service or other agreements; or to protect our customers from fraudulent, abusive, or unlawful use of, our Services; Maisha Meds may disclose personal information.
4.1 Collection of Anonymous, Aggregate Data
Maisha Meds may collect anonymous, aggregate data without specific authorization.
Maisha Meds may use aggregated data to administer the Software Application, analyze trends, improve customer service, engage new partners, track user movement, or gather broad demographic information. Examples of trends could include estimates of disease incidence based on aggregate sales of certain types of antibiotics or average number of daily transactions made across the Maisha Meds network.
When you use our Services, some information may also be automatically collected through the use of log files, such as a crash report in the Google Play Store, a device’s Internet Protocol (IP) address, a device’s operating system, browser type, or the address of a referring web site and your activity on the application.
4.2 Use of Lipa Na MPESA Transaction Data in application
Maisha Meds has built integrations with both Safaricom and Kopo Kopo to receive information on transactions made via pharmacy Lipa Na MPESA till numbers and verify transaction receipts via the application. By giving us information about your till number, you also grant us permission to receive this transactional data securely and populate it into your user account. This information will only be used for your user account and will not be disclosed to third-parties except with explicit written consent from you. If you do not want this information included, just omit your Lipa Na MPESA till number from your user account.
5. Fees and Payment for Purchased Software Services
You shall pay all fees as agreed to in the Payment Agreement Contract. Except as otherwise specified herein or in an order form, fees are based on services purchased and not actual usage. Payment obligations are non-cancelable and fees are non-refundable. While the software can be downloaded for free, you will be responsible for paying any associated hardware or installation costs, including but not limited to the initial stock take.
The Maisha Meds application includes the ability to send SMS receipts to your customers automatically when you enter their mobile number.
You will submit payment for hardware and installation costs associated with the Software through Maisha Meds’ Lipa na Mpesa Till Number (892407). A payment is due on the 1st day of each month for a maximum period of 5 months if paying in instalments, unless otherwise specified in your Maisha Meds’ Payment Agreement Contract.
5.3 Suspension of Service
If any amount owing by you under this or any other agreement for our services is 30 or more days overdue, we may, without limiting our other rights and remedies, suspend our services to you until such amounts are paid in full. When your account is overdue, we will give you at least 7 days’ prior notice before suspending services to you.
6. Future Versions and New Features
Maisha Meds intends to continue adding new features to the Maisha Meds Software Application. Examples of future features could include a web-based portal, supplier partnership information, or access to other digital financial services through the application.
However, you agree that Payment Agreement Contract and Terms of Service are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
7.1 Declaration of taxes
You undertake to declare all income resulting from or in consequence of using the Services to the relevant tax authority and to pay all taxes levies and fees due on such income. We shall not be liable to you for any disclosure made to the relevant tax authority and you hereby indemnify us from any loss or damage arising from such disclosure to the relevant taxing authority.
7.2 Payment of taxes
It is your responsibility to determine what, if any, taxes apply to the payments you receive and to collect, report and remit the correct tax to the relevant taxing authority. We shall not be obligated to determine whether taxes apply, and is not responsible for collecting, reporting, or remitting any taxes arising from any transaction.
8. Your License
Maisha Meds grants you a personal, limited, non-exclusive, revocable, non- transferable license, without the right to sublicense, to electronically access and use the Software Application. The service includes our mobile application, website, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) provided to you by Maisha Meds. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when Maisha Meds makes these updates available.
You agree that you will only use the Software Application for lawful purposes, and only as instructed in the instruction manuals and training.
While you are a customer in good standing without delinquent payments, you are entitled to export your facility data stored in the Software Application and cloud-based server.
You may not, nor may you permit any third party to do any of the following:
(i) Access or attempt to access Maisha Meds systems, programs or data that are not made available to public use;
(ii) Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Maisha Meds;
(iii) Permit any third party to use and benefit from the Software Application via a rental, lease, timesharing, service bureau or other arrangement;
(iv) Transfer any rights granted to you under this Agreement;
(v) Work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the application, or decompile, disassemble or otherwise reverse engineer the Software Application, except to the extent that such restriction is expressly prohibited by law;
(vi) Perform or attempt to perform any actions that would interfere with the proper working of the Software Application, prevent access to or use of the application by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or
(vii) Otherwise use the Software Application except as expressly allowed under this section.
You agree that Maisha Meds and, where applicable, its investors, retains ownership and intellectual property of the Maisha Meds Software Application. You also agree to keep all Maisha Meds information confidential, and not tamper, open, modify or use the product in any way other than described in this Agreement.
9. Warranties and Representations
THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitations of Liability
MAISHA MEDS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF MAISHA MEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MAISHA MEDS’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
You shall defend, indemnify and hold harmless Maisha Meds and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Maisha Meds as set out below. If you want to terminate your legal agreement with Maisha Meds, you may do so by providing written notice to firstname.lastname@example.org and calling +254 776167510.
If these Terms of Service or other agreements with Maisha Meds are breached, Maisha Meds reserves the right to immediately terminate this Agreement and your access to the Software Application, upon notice to the email address or mobile number used during Registration.
13. Amendments and Modifications
Maisha Meds may modify this Agreement from time to time by updating the site and/or providing written notice to you. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.