Terms of Use

As of: 22.05.2024

1. Definitions and Interpretation
   • For the purposes of these Terms of Use the following words and expressions shall have the following meanings:

“Clinic” means “Dr. Stasch Clinic & MediSpa” and is referred to as either “the Clinic”, “We” “Us” or “Our” in this Terms of Use;

“Content” refers to text, images or other information that can be posted, uploaded, linked to or otherwise made available on the Website, regardless of the form of that content;

“Country” refers to the Republic of Kenya;

“Service” refers to the Website;

“Terms of Use” refers to the terms as set out herein and as amended from time to time (“Terms”);

“Website” means www.drstaschmedispa.com accessible from https://drstaschmedispa.com/;

“You” means the individual, who is accessing or using the Website or the Clinic or legal entity on behalf of which an individual is accessing this Website;

2. Acknowledgement
   • These are the Terms of Use governing the use of this Website and the agreement that operates between You and the Clinic. These Terms of Use set out the rights and obligations of all users regarding the use of the Website.
   • Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
   • By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.
   • You represent that you are over the age of 18. The Clinic does not intend for the Service to be used by persons under the age of 18.
   • Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Clinic. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Username and Password
   • In the event you access any Service requiring a Username and Password, you are solely responsible for keeping such Username and Password confidential.
4. Links from Our Site
   • Where our site contains links to other sites and/or resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
5. Inbound Links
   • You may not, under any circumstances, establish a link to the Clinic website without the express written consent of the Clinic, including but not limited to deep linking.
6. Children
   • Except as otherwise indicate, the Clinic does not knowingly or intentionally collect personal information from children under the age of 18. The Content of our website is directed at adults, and therefore this site is intended for use by adults. If you are under the age of 18, please consult a parent or guardian for help using this website.
7. Copyright Policy
   • We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
   • If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to our attention at the following email ([email protected]) and include in Your notice a detailed description of the alleged infringement.
   • You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
8. Intellectual Property
   • All trademarks, service marks, logos and copyrights displayed and used on the Website are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any trademark without the written permission of its owner.
   • The Wesbite and its original content, features and functionality are and will remain the exclusive property of the Clinic and its licensors.
   • The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
   • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Clinic.
9. Your Feedback to Us
   • You assign all rights, title and interest in any Feedback You provide the Clinic. If for any reason such assignment is ineffective, You agree to grant the Clinic a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
10. Disclaimer of Warranty
    • Materials, services and other information are provided “as is” by the clinic for educational purposes only.
    • The clinic makes no express or implied warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or use, title or non-infringement.
    • Although our health information content is reviewed and approved by healthcare professionals, the clinic does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information.
    • You acknowledge and agree that the clinic does not operate or control the internet and therefore the clinic does not guarantee that the use of this website will be error free or free of technology downtimes or unavailability.
    • You acknowledge and agree that the clinic cannot and does not guarantee against viruses, worms, or other unauthorized users or hackers attempting to obtain access to this website or information transmitted to or from this site.
    • The Clinic also reserves the right to temporarily or permanently discontinue this site, any page, or any functionality on this website at any time and without notice.
11. Limitation of Liability
    • In no event shall the Clinic be liable for any direct, indirect, special, consequential or monetary damages, including fees, and penalties in connection with your use of materials posted on this site or connectivity to or from this site to any other site.
12. Severability and Waiver
    • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    • Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13. Governing Law
    • The terms of this Agreement shall be governed by the laws of the Republic of Kenya.

Data Controller for the purposes of the KDPA, GDPR, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Cloudless Medical Limited- Dr. Stasch Clinic & Medispa
Dr. Tilman Stasch
14 Riverside Drive
Suite 6B, Grosvenor Nairobi
Kenya
E-Mail: [email protected]