- Acceptance of Terms and Conditions of Use and the Privacy Policies
i. These terms and conditions of use (“this Agreement”) is between you as a Member, and Mediatrix Health Services Ltd hereinafter referred to as “us” or “our” or “we” which owns www.twapata.com hereinafter referred to as the “website” or “platform.”
iii. By using our website, available at www.twapata.com and or our mobile application available on Android and or iOS devices (“our App”) and any other services we provide (collectively referred to as “services”) you agree to be bound by this Agreement. If you do not accept the terms and conditions of service, please do not use the platform.
iv. We retain the right to alter by adding, amending, or revising the terms and conditions of use and the privacy policies as we deem fit for our members and in compliance with any new laws or regulations or any new features or services provided by us.
2. Use of our Services
i. To use the services
a. You must be at least 21years of age to create an account on www.twapata.com and must be legally able to form a binding agreement with us.
b. You will comply with the provisions of this terms and conditions, all applicable local laws, rules and regulations.
c. you must first register to be a member by creating an account on the website on www.twapata.com. While creating the account you maybe required to provide information in respect to the following, among other information; Full names of the person ,Date of Birth, Place of residence, Nationality, Sex, Your Email Address , etc.
ii. You agree to provide, true, accurate, truthful and current information about yourself when creating an account or updating any such information subsequent to becoming a member.
iii. You agree that failure to provide accurate information may result in your blacklisting and disbarment from using the platform or its services. We however do not guarantee that the information provided by our members is accurate. We advise every member to take caution while interacting with other members.
iv. Once you become a member by creating an account with us, the account is limited to use by yourself. You may not authorize others to access or use your account and you may not assign or otherwise transfer your account to any other person or entity. As a member, you acknowledge that we are not responsible for any third-party access to your account particularly any access that results from theft or misappropriation or inadvertence on the member’s part. For protection of privacy and data, it is your responsibility to communicate with us when any personal details or login credentials are used by a third party or an unauthorized person.
v. You agree that access to services from other jurisdictions will be subject to the laws of the jurisdiction in which you are located, however, you agree that the law of Kenya shall apply to resolve any disputes arising regarding the usage of our platform or access to our services.
vi. You are solely responsible for any content provided and you assume liability regarding, any information and or content you provide or otherwise make available on the platform, including text messages and images on your profile and communication with other members.
3. Payments, Subscriptions and Refunds
i. You agree that the website may offer from time-to-time certain services for a fee. A member will have the option to opt in or opt out of a paid service. The services may include among others, sessions on relationships, dating, marriage life, reading materials, books, videos, audios, and discussions. Some or all the services maybe offered online while others may also be offered in a physical setting.
ii. You agree that the platform may have several levels designated for its members. You will automatically be made to join at least one membership level during registration.
iii. You can join any other level by paying the requisite fee and applying to join that level. You should ensure that you are aware and understand the benefits and requirements of membership level before you decide to join it. Access and utilization of a membership level is restricted to you and should not be shared with other persons.
iv. For services that require an in app/platform payment, you agree to provide certain information for payment processing. Any payment details provided will be processed through a secure link to the extent provided by the third-party providers who provide this service. We do not store any credit card or other such payment details on the platform. You also agree that any payment made will be subject to any taxes applicable to such service.
v. You agree that upon subscribing to a paid service offered through the website, the payment may have an auto renew capability which will be actively activating renewal of payment for the subscription unless you switch it off.
vi. You agree that once a payment has been made, the payment is final, and you will not be able to cancel the purchase or receive a refund of any payment or subscription until you unsubscribe from the service before the subsequent billing period.
4. Individual Responsibility for Interactions with other Users
i. As a member, you assume the risks associated with interactions with other users either online or offline. You also acknowledge that we do not routinely screen our users or inquire into their backgrounds to verify any information they provide, you acknowledge that we reserve the right to, in compliance with privacy laws of Kenya to conduct at our discretion inquiries in case of suspicion regarding any conduct of any of our members, to enhance the safety of other members.
ii. Whereas safety is paramount, you understand that we do not make representations, warranties, or guarantees regarding the conduct of our members or information provided or their compatibility with you. You agree to take all the necessary measures and precautions when meeting a person or making judgement on information provided on the platform. You also agree to abide by the safety
tips such as to avoid disclosure of private information i.e. physical address, credit card details, mobile money access details or any other private information that may result in loss or injury.
5. Rights the platform gives you and limitations
i. The platform grants you; personal, national-wide, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the services offered by our website. Therefore, you agree not to:
a. Use the platform or any content contained therein for any non-compatible use including any commercial use or commission of any activity considered a crime under the laws of Kenya.
b. Copy, modify transfer or create any derivative works from, make use of or reproduce in any way any copyrighted material, images or trademarks, tradenames, service marks or any other intellectual property, content or proprietary information accessible through the website without prior
written consent from us.
c. Use the website in any way that interferes or could interfere with, or disrupt it or any delivery of service associated with the website
d. Upload any viruses or other material with malicious intent of disrupting the use of the website or the enjoyment of services by other members.
e. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the platform or cause any person to do it.
f. Develop or use any third-party applications that interact with the website or other members’ content or information without prior written consent from us.
g. Use, access or publish the websites programming interface without express written consent from us
h. Encourage or promote any activity that violates the provisions of this agreement.
ii. Any breach of this agreement may implore us to institute legal proceedings against you at any time when such breach occurs or when we learn about it without any warning from us.
6. Rights you grant the Platform
i. By creating an account, you grant the platform a transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information in your account, as well as the information you post or upload, display or make available on the platform to other members. The platform shall while utilizing that information use decorum and protect any private or sensitive information shared.
ii. You agree that the information provided on your profile is true record of information about you and can be used to improve services offered by the platform including determining the most appropriate content to share with you. You also agree that you will not post any inaccurate, misleading, incomplete, or false information or user content to us or any other user.
iii. You undertake to guarantee that all the images posted to your profile are of yourself and were taken within the last two years and agree to update your profile accordingly to comply with this requirement
iv. You understand that, given the nature of our services we monitor and/or review any information you post or upload on the platform. We may delete any information that is grossly misleading or that is against the dictates of public conscience.
v. You agree not to upload or post any content that is explicit or exhibits elements of nudity or against moral conscience. You understand that we reserve the right to delete any content both words or images that are contravention of this clause or this agreement.
vi. While communicating with us or any of our representatives, you agree to be respectful, kind and patient. If we notice any behavior calculated to demean our services or any of our staff and any behavior that is abusive or threatening, we reserve the right to immediately terminate your account without any consultation or engagement with you.
vii. You agree that we may access, store and disclose any information or content in your account if required to do so by law by performing our legal mandate to protect you and others or/and in good faith believing that such access, storage or disclosure satisfies the legitimate interest, including to;
(i) complying with a legal process;
(ii) enforcing the agreement
(iii) respond to claims that any content violates the rights of third parties (iv) respond to your request for customer service
(v) protect the rights, property and personal safety of the company or any other person.
viii. You understand that, although we intend to maintain decency, civility, and etiquette for all our members and that we intend to monitor and ensure any illegal or defamatory or explicit content is taken down, uploading and sharing of any content is the sole responsibility of an individual member and we cannot guarantee that all content posted or uploaded on the platform comply with this agreement. We undertake to receive any complaints regarding any content posted on our platform and shall act in respect of the merits of every complaint.
7. Disclaimer and Indemnity
i. You also understand that all the products and services made available through the platform are provided with the absolute discretion and to the best of our knowledge and experience. We disclaim all representations and warranties for certain results or outcome.
ii. In the event of breach of this agreement that results in a loss either directly or indirectly or through court proceedings, you agree to indemnify and hold us and our affiliates and each of our directors, officers, managers, agents or employees from any loss, liability, claim, damages, costs, expenses, or demand including the advocate’s fees arising as result of such breach.
iii. Our directors, officers, employees or their agents and or licensees are to the maximum extent permitted by law, exempted from liability to you or any third-party person from any direct, indirect, consequential, incidental for any special or punitive damages, including for any loss of data or disclosure of personal information that results in damaging a members reputation or any other incidental loss.
8. Entire agreement
i. These Terms and Private Policies shall constitute the entire agreement between you and us regarding the subject matter set forth herein and they supersede any prior contemporaneous agreements on the same subject matter. In the event that any provisions of this agreement is held illegal, void, invalid or unenforceable such provision will be amended to be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in force and effect.
ii. The failure or reluctance of us to enforce any right or provision in this agreement shall not operate as a waiver from exercising that right or enforcing such provision.
iii. We retain the right to modify any of the conditions and terms and upload such updated terms and policies on the platform. Such Terms and Policies will be effective from the date indicated therein in.
iv. You can contact us by using the contact details provided in the platform.