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1. Provision of Services for Benefactors

1.1 Benefactors must register as a Benefactor and commit to the Benefactor Terms and Conditions to access and use KWALI Services on behalf of the Beneficiary.

1.2 KWALI may in its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the KWALI Services) concerning different Benefactor levels.

1.3 KWALI may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) with prior written notice to a fee-based Service, such changes must not substantially adversely affect the paying Benefactors in enjoying that Service.

1.4 Benefactors and Beneficiaries must keep details on profile up to date and not misrepresent, mislead or confuse Healthcare Service Providers (Partners) registered as a Healthcare Service Provider on the KWALI Website.

2. Subscription Process

2.1 The Benefactor and Beneficiary, by accepting these Beneficiary Terms and Conditions, also accepts the Website Master Terms of Use of the KWALI Website.

2.2 The Beneficiary and Benefactor will conduct him or herself professionally and with the highest standard at all times. The Benefactor will do nothing that will put Partners or KWALI in a bad light or disrepute. 

2.3 The Beneficiary will be registered to the Company via WhatsApp.

2.4 KWALI may reject subscribing Benefactors, for not meeting the requirements or passed the necessary checks.

3. Terms and Conditions of transaction fees

3.1 In consideration for the Services obtained through the KWALI Website, the Benefactor shall  credit the Beneficiary KWALI-wallet as determined in the Benefactor Terms and Conditions.

3.2 The transaction fee of 5% of the amount credited by the benefactor into the beneficiary KWALI-wallet will be deducted from the KWALI-wallet balance of the Beneficiary.

3.3 Should the Beneficiary overdraw their account, the Benefactor shall be liable for any outstanding fees on the next transaction.

4. Duration of Contract

This contract will commence on the Activation Date and, subject to the terms of this contract, will continue for an indefinite period until the Beneficiary deregisters from the KWALI Website.

5. Limitations of Liability

5.1 Whilst KWALI will use its best efforts to ensure that all information is displayed correctly, the Benefactor shall have no claim of any nature against KWALI for any loss or damages including but without being limited to consequential damages which the Benefactor may suffer as a result of, without limiting the generality of the foregoing, any error in or omission from its Services on the KWALI Website in any way.

5.2 The Benefactor hereby acknowledges and accepts that in no event will KWALI be liable for any loss or damages including consequential damages which the Benefactor may suffer as a result of any downtime of any computer system on which the KWALI Website relies, or to which the KWALI Website is connected, for any reason whatsoever including but expressly without being limited to any act of Force Majeure, computer viruses and the like.

5.3 KWALI and the Benefactor acknowledge that this contract and the Website Master Terms of Use constitute the entire agreement between the parties. These terms and conditions are to be applied in conjunction with the Website Master Terms and Conditions of use.

5.4 KWALI subscribes to the guidelines as stipulated by the Medical and Dental Practitioners Council of Zimbabwe, Health Professions Act, Medical Services Act, Code of Conduct and any other relevant Act.

6. Protection of Personal Information

6.1 For this clause, the words, “personal information”, “process” and “responsible party” have the meanings given to them in the Protection of Personal Information Act, 2013 (POPI).

6.2 Each party must comply with their obligations under POPI to personal information in respect of which they are the responsible party.

6.3 Each party must secure the integrity and confidentiality of any personal information of each other or third parties which they process by taking appropriate, reasonable technical and organisational measures to prevent its loss, damage, unauthorised destruction and unlawful access or processing.

7. Breach

7.1 Should either party (Defaulting Party) breach of any of the provisions of this Agreement, then the other party (Aggrieved Party) may give the Defaulting Party 14 days’ written notice, or such longer period as the Aggrieved Party may specify in the notice, to remedy the breach.

7.2 If the Defaulting Party fails to comply with the notice, the Aggrieved Party may: claim immediate payment and/or performance by the Defaulting Party of all of the Defaulting Party’s obligations that are due for performance; or cancel this Agreement upon written notice to the Defaulting Party where the breach constitutes a material breach, in either event without prejudice to the Aggrieved Party’s right to claim damages or to exercise any other rights that the Aggrieved Party may have under this contract or in law.

7.3 If a Benefactor shows continuous misbehaviors or unprofessional conduct, KWALI reserves the right to remove or block the Benefactor from the KWALI Website, Services and directory.

8. Intellectual Property

8.1 All text, graphics, photos, designs, trademarks, hyperlinks or other content on the KWALI Website are the property of KWALI and the Benefactor has no ownership rights or other intellectual property rights in or to such intellectual property, as provided for in the Website Master Terms and Conditions.

8.2 Any violations of the intellectual property clause in this contract or the Website Master Terms of Use, may result in a range of actions, including without limitation to removal of listings, posting restrictions, account suspension, termination of Services.

9. Transactions Between the Beneficiary and the Partner

9.1 Through the KWALI Website, KWALI provides electronic web-based platforms for exchanging information and contact details between Beneficiaries, the Benefactors and providers of medical services.

9.2 When the Beneficiary accesses medical services, the Beneficiary will pay for health service rendered by the Partner using their KWALI-wallet.

9.3 Benefactors are solely responsible for all of the terms and conditions of the transactions conducted with Beneficiaries, through or as a result of the use of the Website or Services, including, without limitation, terms regarding payment, returns, warranties, public liability cover, and taxes.

9.4 The Beneficiary agrees to release and indemnify KWALI (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

10. General

10.1 This contract and the Website Master Terms of Use are the whole agreement between the parties regarding its subject matter.

10.2 No addition to or variation or consensual cancellation of this contract, including this clause, affects unless in writing and signed by the parties.

10.3 No indulgence by a party to another party, or failure strictly to enforce the terms of this contract, is to be construed as a waiver or be capable of founding estoppel.

10.4 The parties undertake to do everything reasonable in their power necessary for or incidental to the effectiveness and performance of this contract.

10.5 Save as is specifically provided in this contract, no party is entitled to cede any of its rights or delegate any of its obligations under this contract without the prior written consent of the other party affected by the transfer of rights or obligations.

10.6 Any illegal or unenforceable provision of this contract may be severed, and the remaining provisions of this Agreement continue in force.

10.7 The parties each represent and warrant as follows; it has the full power, authority and right to perform its obligations under this contract; this contract is a legal, valid and binding obligation of each party, enforceable against it following its terms.