Last updated February 26, 2025
By signing up for an account on Famasi and accessing our services, you agree to these Merchant Terms of Use (The “Agreement” or “Terms of Service”).
1. ELIGIBILITY AND ACCESS TO OUR SERVICES
Our Site may only be used by individuals who can form legally binding contracts under applicable law. Our Site is not available to children (persons under the age of majority in their jurisdiction or territory of residence)
Please note that when interacting with our Site, you grant Famasi and its affiliates a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display the information you submit in connection with providing and improving our services. You can always delete your basic profile info, opt out of marketing, or close your account by contacting us
A "User" is any individual who has created or been provided with a User ID and password ("Account Information") or has otherwise been granted access to our services. Users must access Famasi via compatible devices and are responsible for ensuring compliance with these Terms.
2. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
You are responsible for keeping your Account Information confidential. Famasi may suspend or disable your account if we believe you have violated these Terms. If you suspect your account has been compromised, notify us immediately at support@famasi.africa.
3. NO FORMATION OF DOCTOR-PATIENT RELATIONSHIP
Direct Consultations with Famasi‘s medical professionals by phone or by other means on our site are protected by Doctor-Patient privilege and therefore you can be rest assured that your medical data is protected to the highest reasonable standards. However, the information posted on Famasi is intended for general informational purposes only and should be used only as a starting point for addressing your medical needs. While Famasi may provide access to general health content or direct consultations, use of our services does not create a doctor-patient relationship. All medical content is for informational purposes only and should not substitute licensed medical advice in your jurisdiction.Health data shared with Famasi is protected in accordance with our [Privacy Policy] and applicable data protection laws. However, any information voluntarily submitted outside a formal consultation may not be protected under doctor-patient privilege. You agree and understand that, subject to our Privacy Policy, questions, answers, information and files voluntarily created or shared are not subject to doctor-patient privilege or treated as work product. You are and will be representing yourself in any matter you engage in while using our Services or website.
4. DEALINGS WITH THIRD PARTIES
Any interactions or transactions with third parties accessed through Famasi are solely between you and the third party. Famasi does not endorse and is not responsible for these third parties or any resulting loss or dispute.
5. FORCE MAJEURE
Neither shall We or You be liable for any failure or delay in performance here under due to any cause beyond our reasonable control; including, but not limited to, acts of God or public enemy, fire explosions, epidemics, pandemics, accidents, strikes, governmental actions, delay or failure of Our systems or carriers or other difficulties with telecommunications networks. Affected parties must notify the other of such events promptly.
5. FORCE MAJEURE
Neither shall We or You be liable for any failure or delay in performance here under due to any cause beyond our reasonable control; including, but not limited to, acts of God or public enemy, fire explosions, epidemics, pandemics, accidents, strikes, governmental actions, delay or failure of Our systems or carriers or other difficulties with telecommunications networks. Affected parties must notify the other of such events promptly.
6. EXCLUSION OF LIABILITY
We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. However, We shall not be liable to You for infringement of patents, copyrights, trademarks or any other intellectual property right or trade secrets misappropriation arising out of Our Site Contents that You access, submit, upload or transmit through Your use of or connection to our site arising under or in connection with:
use of, or inability to use, our Site; or
use of or reliance on any content displayed on Our Site. In particular, We shall not be liable for:
Loss of business, revenue, anticipated savings, goodwill, or opportunity;
Any indirect or consequential damages;
Claims related to infringement of intellectual property arising from content submitted or accessed via our platform.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Famasi.africa, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of Our Site or Your breach of this Agreement.
You shall defend, indemnify and hold harmless Famasi from any and all losses arising from falsification of data or forgery of documents by a User and for infringement of patents, copyrights, trademarks or any other intellectual property right or trade secrets misappropriation arising out of Famasi Site Contents that You submit, upload or transmit through Your use of or connection to our Site.
8. RELEASE
You agree that We shall be responsible for determining, in Our absolute discretion, our Site Contents to be selected and considered by Us for grants and/or aids, with respect to Our Services. Where a dispute arises between You and one or more Users, or on the transparency of Our selection or consideration process in relation to accessing Our Services, You shall release Famasi from all claims, demands, liabilities, costs or expenses and damages actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this Agreement, You expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favour at the time of this Agreement.
9. INTELLECTUAL PROPERTY ON OUR SITE
The Agreement does not transfer the intellectual property rights in our Site to You or any third party. All rights, titles, and interests in and to all such property remains solely with Us. All trademarks, service marks, graphics and logos used in connection with our Site are trademarks of Famasi.
We reserve all rights not expressly granted to You in and to our Site, the Content and the Marks.
10. TERMINATION
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Famasi; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Famasi may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services under applicable law, rule, permit, ordinance or regulation; (2) Famasi has the good faith belief that such action is necessary to protect the safety of the Famasi community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Famasi’s reasonable satisfaction prior to Famasi permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Famasi’s satisfaction, this Agreement will not be permanently terminated. Upon termination or expiration of this Agreement: (a) all outstanding fees (if any) shall be immediately due and payable; (b) The User shall cease and shall cause all Users to cease accessing or using our Site in any form or manner; and (c) Users’ access to our Site will be automatically terminated, all Account Information shall be deleted and all User Information may be destroyed.
On no account shall the termination of this Agreement relieve a User of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. All provisions of the Agreement which by their nature should survive its termination shall survive termination, including, without limitation, intellectual property, confidentiality, disclaimer of warranties and limitations of liability.
11. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Famasi; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Famasi may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services under applicable law, rule, permit, ordinance or regulation; (2) Famasi has the good faith belief that such action is necessary to protect the safety of the Famasi community or third parties, provided that in the event of a deactivation pursuant to (1)-(2) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Famasi’s reasonable satisfaction prior to Famasi permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Famasi’s satisfaction, this Agreement will not be permanently terminated. Upon termination or expiration of this Agreement: (a) all outstanding fees (if any) shall be immediately due and payable; (b) The User shall cease and shall cause all Users to cease accessing or using our Site in any form or manner; and (c) Users’ access to our Site will be automatically terminated, all Account Information shall be deleted and all User Information may be destroyed.
On no account shall the termination of this Agreement relieve a User of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. All provisions of the Agreement which by their nature should survive its termination shall survive termination, including, without limitation, intellectual property, confidentiality, disclaimer of warranties and limitations of liability.
