Kaedoc Health Website Terms and Conditions

Thank you for your interest in Kaedoc Health ( “Kaedoc Health” or the “Company” or “we” or “us” or “our”), and our Products and Services. These Terms and Conditions (“Terms”) govern your access to and use of www.kaedoc.co.bw, its subdomains, and any other online websites that link to these Terms (collectively, the “Websites”), your access to and use of our mobile applications, your purchase and use of Products and related services, your access and use of Virtual Health Services, and any other content, functionality, or service offered and provided to you (altogether referred to as our “Services”).

Please read these Terms carefully. By accessing our using any of our Services, you represent that you are 18 years of age or older, and that you have read and understand and agree to be bound by these Terms and our other policies referenced in these Terms.

Changes to the Terms. We may revise these Terms from time to time, for example, to reflect changes in our Services, the needs of our customers, our business plans, or changes in applicable law. Any material changes to these Terms will be in effect as of the “Last Update” date referenced above. You should review these Terms from time to time, including prior to using our Services. If we make a material change to the Terms impacting your use of our Services, we will try to provide you with reasonable notice. If you do not agree to a change, you may close your Account (if you have one) and/or stop accessing or using our Services. Your continued use of our Services after the "Last Updated" date (or after we try to notify you of material changes) will constitute your acceptance of and agreement to such changes.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that all Disputes between you and the Company, except as otherwise described in Section 21 (Arbitration Agreement), will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT USE OR ACCESS OUR SERVICES.

Defined terms have the meaning given to them in Section 29 (Definitions) or as otherwise defined in the Terms.

Zebra Health Technologies (Pty) Ltd, is a Botswana registered company and registration number BW00003880276. You can contact us.

The Service provides you with access to healthcare providers who are employed or contracted by Botswana Health Professions Council accredited medical facilities. By accepting this Agreement, you acknowledge and agree that any services you receive from any of our medical facility partners through the Website or mobile application are also subject to these Terms.

Zebra Health Technologies (Pty) Ltd. does not practice medicine, and does not control or interfere with the practice of medicine by the employed or contracted healthcare providers of the Medical facilities, as these are licensed professionals who are solely responsible for any medical care and treatment provided to you as part of a Virtual Care & In-person Care Service. Zebra Health Technologies (Pty) Ltd. makes no representations or warranties about the accuracy, timeliness, or quality of the Virtual Care & In-person Care Services provided by the Medical facilities to you, and you acknowledge and agree that Zebra Health Technologies (Pty) Ltd. is not a healthcare provider and does not have a patient-provider relationship with you. THE SERVICES PROVIDED BY ZEBRA HEALTH TECHNOLOGIES (PTY) LTD. (NOT THE MEDICAL FACILITIES) DO NOT CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND AGREE THAT ZEBRA HEALTH TECHNOLOGIES (PTY) LTD SIMPLY PROVIDES A TECHNOLOGY PLATFORM TO FACILITATE YOUR ACCESS TO AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL PROVIDER, WHICH MAY INCLUDE THE MEDICAL FACILITY. ZEBRA HEALTH TECHNOLOGIES (PTY) LTD IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY MEDICAL PROVIDER AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER THROUGH OUR SERVICES.

This Section 1 will survive the termination of these Terms.

In order to use some of our Services, you must set up an Account with us by creating a username and Password. We reserve the right to take any action that we deem necessary to protect the security of our Services and your Account, including without limitation, changing your Password, terminating your Account, or requesting additional information to authorize transaction on your Account. You are solely responsible for keeping your Password and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Password or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Password and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Password or any other breach of your Account security. You agree and acknowledge that information about you in your Account will be shared with the Medical facilities.

If you set up an Account with us, you agree to provide contact details that can be used to contact you in relation to your use of our Services. It is important that the details you provide us with are correct, accurate and complete and that you promptly update your Account as necessary. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOU AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE ACCURATE AND SUITABLE CONTACT DETAILS, OR ANY OTHER INFORMATION THAT IS USED IN CONNECTION WITH THE SERVICE, INCLUDING ANY HEALTHCARE DATA PROVIDED BY YOU TO ASSIST A MEDICAL FACILITY TO DELIVER A VIRTUAL CARE & IN-PERSON CARE SERVICE.

By signing up for an Account and using our Services, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any information, text, graphics you submit or send to or through our Services. This includes transmissions that are identified as secure or encrypted and may include health-related information including communications with the Medical facilities.

By signing up for an Account and accessing our Services, you confirm:

• that you are 18 years of age or older;
• that you are a resident of Botswana and you are accessing our Services from Botswana;
• that you are using our Services in your own name and not on behalf of anyone else;
• that you will not allow any other person to use our Services under your name, nor will you use our Services while pretending you are someone else, or otherwise seek to disguise your identity;
• that you are only using our Services for your own benefit and not for the purposes of providing our Services to others; and
• that none the information you have provided through our Services any information that is untrue, inaccurate, non-current or incomplete to the best of your knowledge.

Kaedoc Health and its affiliates are the owners or the licensees of all Intellectual Property Rights in the Site, including the text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and 'look and feel' of the Site, features, functionality and the material published on it (except where content is specifically identified as third-party content) (together, "Our Content"). All of these rights are protected by copyright and other applicable intellectual property and other laws around the world. All such rights are reserved to the relevant owner or licensee of those works. Your use of the Site and Our Content does not grant you any rights in relation to Our Content other than as set out in the next paragraph. Other than as expressly permitted below, you must obtain our prior written permission prior to using any of Our Content each time you want to use it.

Subject your compliance with the Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right and license to use the Site solely to access and use the Site and Services for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You must not alter, reproduce, sell, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the material on our Site except as follows:

• You may print or download a copy of the Website pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement as applicable for such applications.
• You must always acknowledge our status (and that of any identified contributors) as the authors of material on our Site.

You may not:

• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Modify any paper or digital copies of any materials you have printed off or downloaded in any way.

Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you breach these Terms, we reserve the right to immediately terminate your right to use our Services and your Account. We reserve the right to investigate any suspected or actual improper, illegal, or unauthorized use of Our Content or our Services and we reserve the right to take appropriate legal action.

While accessing and using our Services, you agree that you will only use our Services in a lawful manner and will not use our Services for any use other than the business purpose for which it was intended. You will not, and will not permit any third party to, take any of the following actions with respect to our Services or the server hosting our Services nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our Services in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts our Services or servers hosting our Services; (ii) uses any robot, spider, scraper or other automatic or manual means to access our Services or copies any content or information on our Services; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from our Services; (v) infringes the copyright, trademark or any proprietary rights; (vi) compiles, uses, downloads or otherwise copies our Services or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) our Services or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (viii) promotes or provides instructions for illegal activities; (iv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (xii) accesses systems, data or information that we do not intend to be made accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written consent, link or attempt to link our Services with other sites services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site our services.

The Virtual Care Services involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of medical services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Physician Groups and Providers through the Platform. You acknowledge and agree that Zebra Health Technologies (Pty) Ltd is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

If you choose to submit a review of your experience with our Service that describes your personal experience of using our Services and can be about what you liked or disliked about our Services (a "Review"). You acknowledge that you will not receive any compensation, monetary or otherwise, for the submission of a Review.

Your Review, if published, will be publicly available and viewable to anyone. We encourage you to refrain from including any personal or other information, such as your health information, that you may want to keep private and confidential in your review as such information may become viewable by the public. We may reject and not post your Review for any reason including, for example, if it contains any of the following types of material or breaches of other terms or policies made known to you, including, without limitation, Section 6 (Restrictions on Your Use of Our Services; You Compliance with Applicable Laws) above:

• Language that, in our discretion, is not suitable for a public forum;
• advertisements, 'spam' content, or references to other products, offers or websites;
• email addresses, links to other websites, or contact information relating to other persons (which includes commercial entities); or
• hateful, discriminatory, or critical comments about other users or their Reviews.

In addition, if you wish to share feedback with us about customer service issues or provide suggestions relating to our Services ("Feedback"), please do not submit this Feedback through the review mechanism. Instead, please contact us directly..

Unless as otherwise described in these Terms, all prices listed through our Services and otherwise on our websites exclude all sales taxes, fees, use taxes, charges, duties, levies, and other similar governmental charges imposed on the provision of the product or service. All such governmental charges shall be borne solely by and paid by you. You acknowledge and agree that it is your responsibility to ensure payment for all paid aspects of our Services and to ensure that your payment instruments can be accepted by Zebra Health Technologies (Pty) Ltd and/or our payment processors, including, but not limited to, Dpo Group. We may suspend or terminate your use and Account in the event of any payment delinquency. Except as otherwise described in these Terms, you will not be entitled to any refund for the partial use of our Service at any time.

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled until you are able to resolve the payment issue.

Zebra Health Technologies (Pty) Ltd will collect your payment for the products on behalf of medical facilities on its website as its collection agent. You will be notified of the fees for the health products on the Kaedoc Health website. The health products are paid for by you and are not intended to be reimbursed by any health plan. You understand that the health products purchased are solely your financial responsibility and that you will not submit any invoice or claim for reimbursement to any insurer or health plan (including, but not limited to, medical aid or any private health insurer or plan).

You may terminate your agreement to these Terms by closing your Account at any time for any reason. In such event, we shall have no further obligation or liability to you under these Terms or otherwise. We may, in our sole discretion, suspend or terminate your Account, without notice, if you breach the Terms or any terms regarding payment of required fees and charges due through your use of our Services. We may, in our sole discretion, provide you with a grace period prior to termination, in the event of a breach or your failure to pay owed charges and fees, without waiving our rights hereunder to terminate immediately upon such events. We may suspend or terminate your Account if we determine, in our sole discretion, that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of Kaedoc Health or any third party. Under no circumstances will you be entitled to compensation or a refund for any interruption, suspension, or termination, and you acknowledge that we will have no liability to you in connection with any interruption, suspension, or termination.

Upon termination of your Account, all licenses granted by us to you to use our Services will automatically terminate. You are responsible for exporting all Account data upon termination of your Account.

THE SERVICES AND ALL OUR CONTENT ON OR AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF OUR SERVICES, OUR CONTENT, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM OUR SERVICES BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES OR OUR CONTENT PROVIDED THROUGH OUR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15(Limitations on Liability) BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF OUR SERVICES SHALL BE TO DISCONTINUE USING OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE MEDICAL FACILITIES ARE INDEPENDENT THIRD PARTIES, THAT ITS SERVICES ARE UNRELATED TO ZEBRA HEALTH TECHNOLOGIES (PTY) LTD, AND WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE OR MALPRACTICE OF MEDICAL FACILITIES.

This Section 11(Disclaimers and No Warranties) will survive any termination of these Terms

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES, OR OUR CONTENT WE HAVE PROVIDED TO YOU ON OR THROUGH OUR SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF OUR SERVICES AND/OR OUR CONTENT, OR PRODUCTS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION OR ADVICE OBTAINED THROUGH USE OF OUR SERVICES OR OUR CONTENT OR OUR PRODUCTS; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR SERVICES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SERVICES; OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THE TERMS CAUSED BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED WITHIN THE TERMS.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF OUR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THE TERMS.

Except to the extent prohibited by applicable law, any cause of action or claim you may have arising out of or relating to the Terms or our Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

The Site is operated by us from our offices within Botswana. We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. It is a violation of these Terms for you to use the Site, Products, Services, or Our Content in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. By using the Site, Products, Services, or Our Content, regardless of where you live or are located in the world, you consent to these Terms, and any claims relating to the Products, Services, Test Information, advice we provide, Our Content and any other information, services or products made available through the Site will be governed by the laws of the Botswana, excluding the application of its conflicts of law rules. You agree that any controversy or claim arising out of or relating to these Conditions, or the breach thereof, shall be settled by binding arbitration administered by the Botswana Institute of Arbitrators in accordance with its Commercial Arbitration Rules and take place in Botswana. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to arbitrate solely on an individual basis, and that these Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. Notwithstanding the foregoing, either party may (i) bring claims in Botswana court related to their intellectual property rights and/or (ii) seek equitable or injunctive relief without having to post a bond or other security and without having to prove the inadequacy of other available remedies

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in connection with our Services, including, without limitation, the Terms, including the right to block access from a particular Internet address to our Services. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion. You agree that any violation, or threatened violation, by you of the Terms constitutes an unlawful and unfair practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

These Terms (including any additional terms that we may provide when you engage with a feature of the Site), are the only agreement between you and us regarding the Site and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Site.

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys' fees, due to, relating to, or arising out of: (i) your use of our Services; (ii) your violation of the Terms; (iii) any Feedback or Reviews you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

Some links in our Services may navigate you away from our Services or redirect you to other websites, including websites operated by third parties. The linked third party websites are not under our control, and the content available on the linked third party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information ("PII") from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.

We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to our Services is at your own risk. We are under no obligation to maintain any link on our Services, and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.

Please read this Arbitration Agreement carefully because they require you to arbitrate disputes with us and limit the manner in which you can seek relief from us. By agreement to these Terms and using our Services, you understand that you would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide the case, and to participate in a class action or other proceeding involving multiple claimants, but you have instead chosen to have all disputes decided through individual arbitration instead.

You agree that any controversy or claim arising out of or relating to these Terms, or the breach thereof (the “Disputes”), shall be settled by binding arbitration administered by the Botswana Institute of Arbitrators in accordance with its Commercial Arbitration Rules and take place in Botswana. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. Notwithstanding the foregoing, either party may (i) bring claims in a Botswana court related to their intellectual property rights and/or (ii) seek equitable or injunctive relief without having to post a bond or other security and without having to prove the inadequacy of other available remedies.

The Terms (including any additional terms that we may provide when you through your use of our Services), are the only agreement between you and us regarding our Services and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding our Services.

Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof. If any part of the Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.

When you send e-mails to us or use certain features of our Services, you may be communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), by sending you messages through our Services, or by posting notices through our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms.

All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Zebra Health Technologies (Pty) Ltd is Unit G26, Plot 28562 Samora Machel Drive, Gaborone, Botswana. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the Botswana Post mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 23 (Notices and Electronic Communications).

We may assign the Terms or any part of them without restriction or condition. You may not assign or otherwise transfer the Terms or your rights under the Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.

Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. Neither the Terms nor your use of our Services or create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.

We reserve the right, but are not obligated, to actively monitor the use of our Services and use any information gathered during such monitoring for any legally permissible purpose under the Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from our Services that, in our sole discretion, may be illegal, may subject us to liability, may violate the Terms, or are, in our sole discretion, inconsistent with our purpose for our Services.

If you have any concerns about material which appears on our Site, please contact us.

"Account" means the account held by us in your name and which holds the information submitted by you to us;

"Conditions" means our Conditions of Sale and Services referred to on the Site;

"Content" means any item, data, material, information, software, images, photos, advertisements, trade mark or services mark, sounds, videos, marks, expressions, views or opinions, which appear on the Site;

"Cookies Policy" means our cookies policy referred to on the Site;

"Intellectual Property Rights" means for the purposes of these Terms, trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world;

"Order" means an offer by a user to purchase Services and one or more Products from us via the Site;

"Password" means your unique password which shall comply with the format specified by us from time to time, required to access and use your Account and the Services;

"Privacy Policy" means our privacy policy referred to on the Site;

"You" or "your" means the user of the Site.