Terms and Conditions of Use.
All our clients must read this agreement carefully before using the information and services available through Malaika Doctors website/App. By accessing and using our services/website, you agree to be bound by the terms and conditions as stated below. Malaika Doctors Limited may modify this agreement from time to time, and modifications shall always be effective immediately upon posting the modified agreement on the website.
Malaika Doctors Limited’s Platform Services
Malaika Doctors Limited is not a Broker, Hospital, Pharmacy, Creditor, Financial Institution, Charity, or Creditor: The services Malaika Doctors offers is merely administrative digital healthcare platform. This Facilitates connecting Doctors to Patients, Hospitals, Pharmacies, Laboratories, Fundraisers and Donors.
Malaika Doctors Limited Platform Registration
Malaika Doctors may require You to register to access and use some of the platform features of the Services offered. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by the Services’ registration form. You must register using your true identity including any other information as prompted by the service. You agree to keep registration information current and up to date. More information on the use of your personal data, please refer to Privacy and policy section.
Malaika Doctors Limited Platform Payment Processor
Malika Doctors Limited is not a payment processor and does not hold any funds. Instead, Malaika Doctors uses third-party payment processing partners/platforms to process Doctors’ fees, Pharmacies’ fees, Laboratories fees, and Donations for a Fundraiser. You acknowledge and agree that the use of Payment Processors’ fees are integrated to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.
Malaika Doctors Limited Platform Transaction Fees
Although there are no fees to set up an account on Malaika Doctors Platform, please keep in mind that transaction fees, including mobile money charges, credit and debit charges, PayPal charges, are deducted from each transaction, donations done through the website are also subjected to “Transaction Fee”.
Malaika Doctors Limited Platform Modifications to the Services
Malaika Doctors reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Malaika Doctors Limited Platform Terms and Conditions of Service Advertiser Copyright and trademarks
Copyright in the material and trademarks on this website are
Malaika Doctors Limited unless otherwise indicated and you agree not to interfere with any intellectual
property rights owned by Malaika Doctors. Personal information: All the information provided to us is
for non-commercial use. You agree that information contained on this website/App is for personal use
only and may not be sold, redistributed, or used for any commercial purpose (this includes but is not
limited to the use of Advertisers contact details for unsolicited commercial correspondence). You may
download materials from this Site for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload,
post, transmit or distribute in any way any material from this or any other version of the Site
including but not limited to code, images, advertising content, general content, pricing data,
advertisements, advertiser details, user interface design and software. You must not use this Site for
scraping, or similar data gathering and extraction tools on this site for establishing, advancing,
maintaining, or reproducing information contained on our site on your own website or in any other
publication, except with our prior written consent. Information does not represent professional advice
You acknowledge and agree that information published by Malaika Doctors Limited is intended to provide
general information in summary form on health and other related issues. Malaika Doctors Limited does not
endorse or recommend any of the doctors, Laboratories, pharmacies, hospitals or any other agencies
advertised on this site. It is solely your responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise, products, and other information provided
through the site or on the Internet generally. In no event will Malaika Doctors Limited be liable to you
or anyone else for any decision made or action taken by you or anyone else in reliance upon any
information contained on or omitted from the site.
No guarantees of availability Malaika Doctors Limited gives no guarantee to you of the continued
availability of any particular health consultant advertised on the site and will not be liable to you
should a health consultant provide the service at any time prior to removal of the advertisement from
the site. Whilst Malaika Doctors Limited takes efforts to ensure that the health consultants are genuine
and that the data presented by them is accurate, it gives no guarantee to you that every health
consultancy or description is free from errors or inaccuracies. No guarantees or endorsements of sites
or services we link to or that link to us. Malaika Doctors Limited may provide links and pointers to
Internet sites maintained by third parties from its site. Such linked sites are not under the control of
Malaika Doctors Limited and Malaika Doctors Limited is not responsible for the contents (including the
accuracy, legality or decency) of any linked site or any link contained in a linked site. Malaika
Doctors Limited is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Malaika Doctors Limited of the linked site. Malaika Doctors Limited is not
responsible for the copyright compliance of any linked site. And will not be liable for any damages or
loss arising in any way out of or in connection with or incidental to any information or third party
service provided by any third party. No guarantees as to the service Malaika Doctors Limited provides no
warranty to you that the services generally available through its site will be uninterrupted or
error-free or that defects in the service will be corrected. You also understand that Malaika Doctors
Limited cannot and does not guarantee or warrant to you that files available for downloading through the
site or delivered via electronic mail through the site will be free of infection, worms, viruses, or
other code that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input
and output and for maintaining a means external to the site for the reconstruction of any lost data. Our
rights to use information you send us Malaika Doctors Limited welcomes ideas and feedback from you about
all aspects of the site. You agree that Malaika Doctors Limited may reproduce, distribute, transmit,
create derivative works of and publicly display any materials and other information (including ideas for
new or improved products and services) that you submit to any public areas of the site (such as social
media, bulletin boards, forums, and newsgroups) or by email or any other form of communication to
Malaika Doctors Limited. (Please read our privacy for more information as to how we deal with
information you send to us.) No guarantees as to security of your information. While Malaika Doctors
Limited takes all due care in ensuring the privacy and integrity of the information you provide, the
possibility exists that this information could be unlawfully observed by a third party while in transit
over the Internet or while stored on Malaika Doctors Limited systems or on Malaika Doctor’s site.
Malaika Doctors Limited disclaims all liability to you to the greatest extent possible pursuant to law
should this occur. Your responsibility for your password and login To become a registered user, you must
provide a password and a login name. You are entirely responsible if you do not maintain the
confidentiality of your password and login name. Furthermore, you are entirely responsible for any and
all activities that occur under your login name. You may change your password at any time by following
instructions. You may also change your login by contacting customer service. You agree to immediately
notify Malaika Doctors Limited of any unauthorized use of your login name or any other breach of
security known to you. No misrepresentations allowed You agree that it is a condition on your use of the
Malaika Doctors Limited Website, Malaika Doctors Limited pricing data or pricing service and of any
other services provided by Malaika Doctors Limited or through the Site that you will not either through
any act or omission mislead or deceive others. General provisions If any part of this agreement is held
invalid that part shall be severed from this agreement and the remainder of this agreement will continue
to be valid and enforceable. Termination of this agreement will not end those provisions that are
capable of surviving the ending of this agreement. The laws governing this agreement will be the laws in
Uganda and you irrevocably submit to the exclusive jurisdiction of its Courts. For the purposes of this
agreement the words “Malaika Doctors”, “Malaika Doctors Limited”, “We”, “Our” and “Us” refer to Malaika
Doctors Limited and “Site” to materials delivered on www.malaikadoctors.com and.
Malaika Doctors Limited Platform Advertisers: Terms and Conditions About this Agreement
1. These Terms
and Conditions together with the Insertion Order form the agreement between the Advertiser and Malaika
Doctors Limited in respect of Advertising Services. 2. If these Terms and Conditions and the Insertion
Order are inconsistent, then the terms of the Insertion Order will prevail to the extent of the
inconsistency. 3. If Malaika Doctors Limited Supplies Advertising Services which are not specified in an
Insertion Order these Terms and Conditions still apply. WORDS AND PHRASES 1. In this Agreement: 1. “AD”
means an advertisement on one or more Malaika Doctors Limited Websites, App and other related pages; 2.
“ADVERTISER” means the person who signs the Insertion Order; 3. “ADVERTISING MATERIAL” means all
creative in respect of an Ad including text, graphics, icons, images, contact details, and URL
information; 4. “ADVERTISING SERVICES” means the advertising services described in the Insertion Order;
5. “AGREEMENT” means these Terms and Conditions and an Insertion Order signed by the Advertiser and
accepted by Malaika Doctors Limited. 6. “BUSINESS DAY” means any day excluding Saturday or Sunday or a
bank or public holiday in Uganda. 7. “MALAIKA DOCTORS LIMITED” most times “MALAIKA DOCTORS” 8. “MALAIKA
DOCTORS LIMITED WEBSITE” means any website owned or operated by Malaika Doctors Limited which may
include but are not limited to malaikadoctors.com 9. “DEFAULT EVENT” means the events listed. “FORCE
MAJEURE” means an event or circumstance beyond the reasonable control of a Party (without fault or
negligence of that Party). 11. “FEE” means the fees and charges for Services set out in the Insertion
Order. 12. “IMPRESSION” means an appearance of an Ad on a Malaika Doctors Limited Website resulting from
a person accessing the website. 13. “INSERTION ORDER” means an order for Advertising Services in the
form required by Malaika Doctors Limited from time to time. 14. “INSOLVENT” means: 1. Is unable to pay
its debts as and when they fall due or becomes insolvent or makes an assignment, arrangement or
composition for the benefit of its creditors or discontinues or ceases to carry on business in Uganda.
2. Has a receiver or receiver manager appointed to the whole or any parts of its assets, or if a
resolution is passed for its winding up. or 3. Is presented with an application for its winding up. 15.
“INTELLECTUAL PROPERTY” means all intellectual property including all present and future registered and
unregistered copyright, trademarks, designs, patent, semi-conductor or circuit layout, trade secrets,
know how, confidential information, inventions and discoveries; 16. “INTELLECTUAL PROPERTY RIGHTS” means
any rights in Intellectual Property; 17. “PUBLICATION DATE” means the start date for the Ad described in
the Insertion order. 18. A reference to any party or other person includes that person’s successors and
permitted assigns. 19. A reference to this or any other document includes a reference to that document
as amended, supplemented, notated, or replaced from time to time. 20. A reference to a person includes a
natural person, corporation, partnership, trust, estate, joint venture, sole partnership, government or
governmental subdivision or agency, association, co-operative and any other legal or commercial entity
or undertaking. 21. Where a party comprises two or more persons any agreement or obligation to be
performed or observed by that party binds those persons jointly and each of them severally, and a
reference to that party is deemed to include a reference to any one or more of those persons. 22. The
words “include” and “including” mean “including but not limited to”. 23. The headings in this agreement
do not affect its interpretation. PLACING AN ADVERTISEMENT 1. In order to place an Ad the Advertiser
must: 1. Submit an Insertion Order. 2. Subject to the terms of the Insertion Order, provide all
Advertising Material to Malaika Doctors. 3. If Malaika Doctors Limited is to create the Ad, separate
terms and conditions will apply to the creation of the Ad. 4. Malaika Doctors Limited is not bound to
publish an Ad until the Insertion Order is accepted by Malaika Doctors Limited. An Insertion Order will
be deemed not accepted if the Ad is not published.
1. WHAT THE ADVERTISER WILL DO 1. The Advertiser will: 1. Provide all required Advertising Material to Malaika Doctors Limited not less than 5 days prior to the Publication Date in the format prescribed by Malaika Doctors Limited from time to time; 2. Comply with Malaika Doctors Limited advertising policy; 3. Only place ads for health consultants, health related products which the Advertiser is legally entitled to list; and 4. Obtain permission from the owner of Intellectual Property Rights in any third party material included in the Advertising Material. 5. Comply with the Usage Policy and Terms and Conditions of the Malaika Doctors Limited website (s)
2. WHAT THE ADVERTISER WILL NOT DO 1. The Advertiser represents and warrants that it will not: 1. Submit Advertising Material which; 1. Does not comply with all relevant laws 2. Infringes the Intellectual Property Rights of any person; 3. Is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years; 4. Is misleading or deceptive or likely to mislead or deceive; 5. Comprises anything which may adversely reflect on Malaika Doctors Limited or any website on which the Advertising Material is published or suggests any endorsement by or affiliation with Malaika Doctors Limited or any website on which the Ad is published; 2. Disclose to any person Malaika Doctors Limited rate card or this Agreement; or 3. Resell, assign or transfer any rights under this Agreement to any person 4. Insert any tag, code, cookie or other data tracking or collection device for the purpose of re-targeting Malaika Doctors Limited Website users on a third party site; 5. Link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the creative on the Malaika Doctors Limited Website for any purpose without Malaika Doctors Limited’s express written permission; 6. Insert links to an external website within the details of an Ad without Malaika Doctor’s express written approval. Such approval is subject to specific terms and conditions; 7. Insert a link from the Malaika Doctors Limited Website to any external websites or externally hosted application forms without Malaika Doctor’s express written approval. Such approval is subject to specific terms and conditions. 8. Advertise more than one health organization per Ad on the Malaika Doctors Limited Website; 9. Use the Malaika Doctors Limited Website to post any pyramid scheme or fraudulent service or false or misleading Ad; 10. Ask or require any Ad respondent to pay a processing or administrative fee, charge, cost or any money whatsoever to apply for any health consultancy or other item or service advertised on the Malaika Doctors Limited Website, whether such fee, charge, cost or money is asked or required of the respondent in the Ad itself or in any communication with the respondent that takes place as a result of the Ad; or 11. Use any feature of the Malaika Doctors Limited Website to send unsolicited commercial email, whether individually or as a group. Response management tools may only be used to communicate with Ad respondents about the specific Ad to which they have responded.
3. PUBLICATION OF ADS 1. If accepted, Malaika Doctors Limited will use its best endeavors to publish the Advertiser’s Ad as set out in the Insertion Order on the terms and conditions of this Agreement. 2. The Advertiser acknowledges and agrees that 1. Malaika Doctor’s ability to provide the Advertising Services is dependent upon the Advertiser and third parties performing their obligations. If Malaika Doctors Limited is unable to provide the Advertising Services as a direct or indirect result of any act or omission of the Advertiser or any third party or Force Majeure the Advertiser will have no remedy against Malaika Doctors Limited in relation to any delay or any failure to provide the Advertising Services. 2. While every endeavour will be made to publish the Advertiser’s Ad as set out in the Insertion Order, Malaika Doctors Limited will not (other than as set out in clause 12) be liable for any error, omission or failure to publish the Ad in the form ordered, including acts or omissions of Malaika Doctors Limited, its employees or agents. 3. Malaika Doctors Limited may without notice or liability, refuse to publish, withdraw or terminate the publication of an Ad if: 1. The Advertiser is in breach this Agreement; or 2. Malaika Doctors Limited determines, in its absolute discretion, to refuse to publish, withdraw, amend or terminate the publication of an Ad. 4. Subject to the terms of the Insertion Order, Malaika Doctors Limited has absolute editorial control in relation to the publication of the Advertiser’s Ad, including, but not limited to the format, content, position and placement of the Ad. 5. If an Advertiser advertises more than one health organization/product in the one Ad, then Malaika Doctors Limited reserves the right to enforce Clause 5 by posting a separate and distinct advertisement for health consultant/product and charging the Advertiser an additional Fee for each extra health product advertised in the original Ad or Insertion Order.
4. CHANGE REQUESTS 1. The Advertiser may, after submitting an Insertion Order but prior to the Publication Date, request in writing changes or variations to the Insertion Order (“Change Request”). 2. Malaika Doctors Limited will, as soon as practicable, advise the Advertiser: 1. If it accepts the Change Request; 2. Any variation to the Fees; 3. Any changes to the terms and conditions of this Agreement which may be required to implement the Change Request; and 3. Any impact which implementation of the Change Request is expected to have on the ability of Malaika Doctors Limited to perform its obligations in accordance with the Insertion Order. 4. Malaika Doctors Limited will have no obligation to proceed with a Change Request until such time as both parties agree in writing and the Advertiser has paid any additional Fee.
5. SERVICE LEVELS 1. Subject to the Insertion Order, the Advertiser acknowledges and agrees that Malaika Doctors Limited makes no representation or warranty with respect to the continuous accessibility or availability of the Malaika Doctors Limited Website or the number of Impressions, click through or like metrics. 2. Malaika Doctors Limited provides no warranty to Advertisers that services generally available through the Malaika Doctors Limited Website will be uninterrupted or error free. Malaika Doctors Limited agrees to use its reasonable endeavors to ensure that any disruptions to or a denial of access to the Malaika Doctors Limited Website will be remedied as quickly as possible. 3. Malaika Doctors Limited cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Malaika Doctors Limited Website or delivered via electronic mail through the Malaika Doctors Limited Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Advertiser is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Malaika Doctors Limited Website for the reconstruction of any lost data.
6. CANCELLATION OF ADVERTISEMENTS 1. The Advertiser may cancel an Ad and terminate the Agreement without cause, on written notice to Malaika Doctors, not later than 15 days prior to the Publication Date. Malaika Doctors Limited reserves the right to charge the Advertiser in accordance with the Agreement where the Agreement is terminated with less than 15 days written notice.
7. HOW AND WHEN Malaika Doctors Limited FEES ARE PAYABLE 1. Any applicable Fees will be set out in the Insertion Order and the Advertiser agrees to pay such Fees in accordance with this clause 10 as set out in the Insertion Order. 2. Fees are: 1. Invoiced in respect of the month the Insertion Order is received; and 2. Payable within 14 days of invoice. 3. The Advertiser acknowledges and agrees that no fee or other payment will be paid by Malaika Doctors Limited to the Advertiser for placing an Ad. 4. If the Advertiser fails to pay any Fees by the required time, Malaika Doctors Limited may require that the Advertiser pay:- 1. Interest to Malaika Doctors Limited , on the daily amount outstanding, at a rate of 10% per annum until all monies due are paid; and 2. Any expense (including legal fees) incurred by Malaika Doctors Limited in recovering the outstanding Fees from the Advertiser. 5. Malaika Doctors Limited also reserves the right to suspend, disable, cancel or terminate the Advertiser’s account with Malaika Doctors Limited without notice and refuse to supply further services to the Advertiser or entities associated with the Advertiser.
8. LIMITATION OF LIABILITY 1. Other than as set out in this Agreement, and to the extent permitted by law, all implied and express warranties in respect of the Advertising Services are hereby excluded. 2. Subject to clause 11.3, Malaika Doctors liability to the Advertiser under this Agreement is limited, in aggregate in respect of all claims or causes of action, to the sum of Fees paid or payable in respect of the Advertising Services to which the claim or cause of action relates.3. In no event will Malaika Doctors Limited be liable to the Advertiser for loss of use, production, profit, revenue, business, data, contract, or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage. 4. The Advertiser acknowledges and agrees that: 1. The Malaika Doctors Limited Website functions merely as a platform through which individuals seek to reach health services. 2. Malaika Doctors Limited does not vet nor is it responsible for vetting Ad respondents. 3. Malaika Doctors Limited is not liable in anyway whatsoever for any loss, costs, damages, or loss of profits sustained as a consequence of the Advertiser engaging in any transaction with any person sourced through the Malaika Doctors Limited Website 5. Any amount claimed by the Advertiser pursuant to clause 11.2 will be reduced proportionally to the extent that any loss, damage, liability, claim or expense is directly or indirectly caused, or contributed to, by the Advertiser.
9. SUSPENSION OF ADVERTISING SERVICES 1. Malaika Doctors Limited may suspend the Advertising Services in the event of a Default Event by the Advertiser.
10. TERMINATION OF AGREEMENT 1. Malaika Doctors Limited may terminate this Agreement on fifteenth days written notice to the Advertiser. 2. A Party may terminate this Agreement by written notice to the other Party (the “Defaulting Party”) if; 1. The Defaulting Party breaches any provision of this Agreement that is not capable of remedy; 2. The Defaulting Party breaches any provision of this Agreement that is capable of remedy and fails to remedy such breach within 14 days written notice; 3. The Defaulting Party is Insolvent. 3. On the termination or expiry of this Agreement: 1. Malaika Doctors Limited will immediately cease to provide the Advertising Services; 2. The Advertiser must pay all outstanding Fees to Malaika Doctors Limited. 3. Malaika Doctors Limited will return all Advertising Material to the Advertiser; and 4. Clauses 11, 13 and 14 will survive. 4. Termination of this Agreement will not prejudice any accrued rights or liabilities of a Party.
11. INDEMNITY 1. The Advertiser agrees to fully indemnify and hold Malaika Doctors Limited harmless against any expenses, costs, loss (including consequential loss) or damage that Malaika Doctors Limited may suffer or incur as a result of or in connection with: 1. A breach of this Agreement by the Advertiser; 2. Any willful, unlawful or negligent act or omission by the Advertiser; 3. The use of the Malaika Doctors Limited Website by the Advertiser; and 4. The publication by Malaika Doctors Limited or any other person of the Advertisers Ad.
12. OWNERSHIP AND LICENCE 1. Malaika Doctors Limited acknowledges that the Advertising Materials are owned by or licensed to the Advertiser. 2. The Advertiser grants Malaika Doctors Limited a non exclusive, royalty free, worldwide license to use, copy, perform, reproduce, display, transmit and distribute the Advertising Material for the purposes of performing its obligations pursuant to this Agreement. 3. The Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Malaika Doctors Limited without Malaika Doctors prior written approval.
13. VARIATION 1. Malaika Doctors Limited may, in its absolute discretion, modify or amend these Terms and Conditions without notice to the Advertiser and such modification or amendment will be binding on the Advertiser at the expiration of the notice. The Advertiser must thereafter comply with the amended Terms and Conditions or terminate this Agreement as set out herein.
14. OTHER LEGAL MATTERS 1. Usage Statics 1. Unless otherwise agreed in writing, Malaika Doctors Limited statistics shall be conclusive for the purpose of calculating impressions, usage statistics and like metrics, in respect of the Advertising Services. 2. Entire Agreement 1. These Terms and Conditions and the Insertion Order set out the entire agreement between Malaika Doctors Limited and the Advertiser in respect of the Advertising Services and supersede all prior arrangements, undertakings, representation, and warranties in respect of the Advertising Services including any terms and conditions submitted by the Advertiser and not set out in this Agreement. 3. Further Acts 1. Each Party agrees to do all things that may be necessary or desirable to give full effect to every part of this Agreement if asked in writing by the other Party to do so. 4. Assignment 1. The Advertiser will not assign, transfer, or otherwise dispose of, in whole or in part, his/her/its rights or obligations under this Agreement without the prior written consent of Malaika Doctors Limited. 5. Sub-contractors 1. Malaika Doctors Limited may subcontract the performance of this Agreement or any part thereof. 6. Provisions Severable 1. If any provision of this Agreement is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from the relevant agreement. 7. Waiver 1. Failure by any Party to exercise or delay in exercising any right, power or remedy under this Agreement does not prevent its exercise. 8. Governing Law 1. This Agreement is governed by and construed in accordance with the laws of the Uganda and the Parties irrevocably submit to the exclusive jurisdiction of the Ugandan courts.
Malaika Doctors Limited Platform - Terms and conditions for the Services Malaika-Fund-Me.
Malaika Doctors also offers services which allows an
individual to post a
fundraise advert on the Platform to accept monetary donations from donors for health related issues.
There will be no exchange of goods or services for the Donations from well-wishers. Your Registration
Obligations: You will be required to register with Malaika in order to access this Services offered. If
you choose to register for the Services, you agree to provide and maintain true, accurate, current and
complete information about yourself as requested by the Services’ registration form. You must register
using your true identity including any other information as prompted by the service. You agree to keep
registration information current and up to date. Fundraisers. You acknowledge and agree that the use of
this services contains, administrative transactions fees, third-party Payment Processors integrated to
the Services and that we exchange information with Payment Processors in order to facilitate the
provision of this Services. All information and content provided by Malaika Doctors Limited relating to
this Services is for informational purposes only, and Malaika Doctors Limited does not guarantee the
accuracy, completeness, timeliness, or reliability of any such information or content. No content is
intended to provide financial, legal, tax or other professional advice. Before making any decisions
regarding any Fundraisers, defined hereinafter, Donations, Donors, or any information or content
relating to the Services, you should consult your financial, legal, tax or other professional advisor as
appropriate. You acknowledge that all information and content accessed by you using our Services is at
your own risk. Malaika Doctors has no control over the conduct of, or any information provided by, a
User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable
law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at
all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that
any information provided through the Services is accurate. We expressly disclaim any liability or
responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final
determination as to the value and appropriateness of contributing to any Fundraiser. No Solicitation:
Malaika Doctors Platform facilitates individuals to raise money for their medical treatment and other
health related issues. Malaika Doctors purely provides the platform to allow individuals to connect with
Donors. The existence of the Services is not a solicitation of donations by Malaika Doctors, and does
not engage in any solicitation activities, or consult on the solicitation of contributions from the
public, on behalf of any individual, entity, or organisation. By using the Services, you understand and
agree that Malaika Doctors shall not be responsible for the use of your Donations or the amount of funds
raised for the User. Donors: All Donations are at your own risk. When you make a Donation through the
Malaika Doctors Platform, it is your responsibility to understand how your money will be used. Malaika
Doctors is not responsible for any offers, promises, rewards or Promotions made or offered by Users or
Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information
that Users or Fundraisers supply, nor do we represent or guarantee that the donations will be used in
accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with
applicable laws. 1. As a Donor you are not permitted to impose restrictions on the use of donations by
an individual, established as such under the applicable laws of incorporation. To the extent that a
donation is made in response to an appeal for a particular need. Each individual will with full
discretion determine how all donations are used. 2. Malaika Doctors makes no representation as to
whether all or any portion of your donations, including, if any, Transaction Fees, are tax deductible or
eligible for tax credits. Malaika Doctors will have no liability for any claim by any national, state,
regional, territorial, local or any other tax authority with respect to the characterisation on any
applicable tax return of any donation by you, or any User. please consult with your tax advisor as to
the amount of your donation that is tax deductible or eligible for tax recognition, having regard to tax
status of the recipient of any donation in any relevant jurisdiction. 3. Unless the Donor opt out of
Donor’s personal information will be shared with the individual to which such Donor makes a Donation
(including without limitation as part of a Donor List, as set forth below) and may be used by that
individual to issue official Donation receipts or equivalent document. Malaika Doctors is not
responsible, and shall not be liable, for any Individual use of any Donor information. Fundraisers: You,
as an Fundraiser, represent, warrant, and promise that: 1. All information you provide is accurate,
complete, and not likely to deceive reasonable Users; 2. All donations contributed to your fundraiser
will be used solely as described in the materials that you post or provide; 3. If you withdraw donations
believed by reasonable Donors to be raised on behalf of someone other than you i.e. Beneficiary, all
donations will be given to or spent on behalf of the Beneficiary; 4. If you add a Beneficiary through
the Services, you relinquish control of the Donations, including the ability to issue refunds; 5. You
will not infringe the rights of others; 6. You will comply with all relevant and applicable law and
financial reporting obligations, including but not limited to laws and regulations relating to
registration, tax reporting, and asset disclosures for your Fundraiser; 7. To the extent you share with
us any personal data of any third party for any purpose, including the names, email addresses and phone
numbers of your personal contacts, you have the authority (including any necessary consents), as
required under applicable law, to provide us with such personal data and allow us to use such personal
data for the purposes for which you shared it with us; 8. You will not provide or offer to provide goods
or services in exchange for donations. You authorise Malaika Doctors Limited, and Malaika Doctors
Limited reserves the right, to provide information relating to your Fundraiser to Donors, Beneficiaries
of your Fundraiser, or law enforcement, and to assist in any investigation thereof.
Donor Conduct: Donations: In order to contribute to a Fundraiser a Donor will be required to provide Malaika Doctors Limited information regarding the Donor’s Mobile Money number, credit card or other payment instrument that is linked to the Donor’s Malaika Doctors account which is a “Billing Account”. You, as a Donor, represent and warrant to Malaika Doctors that such information is true, current and accurate and that you are authorised to use the applicable Payment Instrument. You agree that a certain minimum donation amount may apply, and that all donations are final and will not be refunded. Malaika Doctors uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any donations made, and Donors acknowledge that by contributing a donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.
Fundraisers and Beneficiaries. Account Holds: From time to time, Malaika Doctors may in its sole discretion, place a hold on a Fundraiser account, restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: 1. Information provided by a fundraiser is false, misleading, or fraudulent, or funds are being used in a prohibited manner, 2. The funds available should be provided directly to a person, such as a legal beneficiary or person entitled by law to act on behalf of the fundraiser, 3. A Fundraiser has violated these Terms of Service, 4. The Organiser is colluding with Donors to engage in fraudulent activity, 5. There may be suspicious or fraudulent Donation activity, or 6. Such action is required to comply with a court order, summon, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please contact us Privacy@malaikadoctors.com
Withdrawing Donations from a Fundraiser: While Malaika Doctors strives to make Withdrawals available to you promptly, you acknowledge and agree that: 1. Withdrawals may not be available to you for use immediately, 2. Malaika Doctors does not guarantee that Withdrawals will be available to you within any specific time frame, and 3. Malaika Doctors expressly disclaims any and all responsibility for any delay in withdrawals or your inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a fundraiser or Beneficiary, are responsible for ensuring that the information you provide to Malaika Doctors in order to process the withdrawal, including Mobile Money account information, bank account information, is accurate and up to date. Malaika Doctors may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of donation with or without consulting with you, which may comprise the entire amount donated to your fundraiser post. Malaika Doctors is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Malaika Doctors issuing refunds, including, but not limited to transaction or overdraft fees.
Payment Processors. Malaika Doctors uses Payment Processors to process donations for your fundraise posts and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, if not the same, Beneficiary will be required to provide the Payment Processor information regarding mobile money account, bank account information, Withdrawing Account. You, as Withdrawing person, represent and warrant to Payment Processor and Malaika Doctors that such information is true and that you are authorised to use the applicable Withdrawing Account. By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing person agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Services as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processors include: MTN Mobile Money, Airtel Mobile Money, PayPal and Absa Bank.