Terms and Conditions
1. General Scope
1.1. Welcome to the Diagnofirm Application (the “App”). Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully as they govern your use of our App. You are referred to as the “Consumer”. By accessing or using our services through the App, you agree to be bound to all the terms and conditions described in these Terms.
1.2. These Terms supersede and replace all prior verbal or written price quotations and, unless specifically indicated in writing, take precedence over all conflicting or inconsistent provisions of subsequent written agreements with Diagnofirm, in respect of the services provided strictly through the App.
1.3. If any of the provisions of these Terms proves to be invalid or illegal, that will not in any way affect, impair or invalidate any other provisions and all other provisions of these Terms will remain in full force and effect
1.4. Diagnofirm may update the Terms at any time, in its sole discretion. If it does so, Diagnofirm will let you know either by notifying you through the App or other communications
1.5. The Consumer agrees not to use the App in any way that breaches these Terms or any applicable local, national or international law or regulation, copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in these Terms, or do any act or thing that might damage, disrupt or otherwise interfere with the operation of the App or any equipment, network or software used in operating the App.
2. Viruses
Diagnofirm does not guarantee that the App will be secure or free from bugs or viruses. The Consumer is responsible for configuring his/her information technology, computer programmes and platform in order to access the App and we recommend that the Consumer use his/her own virus protection software.
3. Services
3.1. The App provides a technology platform that allows customers to schedule blood draws at our offices or request for mobile phlebotomists (“Mobile Services”) for the purpose of fulfilling customer lab orders and delivering their blood samples to the Diagnofirm laboratory (the “Services”).
3.2. When a blood collection appointment is created through our Mobile Services, a mobile phlebotomist will travel to the customer and perform the applicable procedure at the scheduled time and location.
3.3. Mobile Services provided by Diagnofirm are contingent upon availability and resources. Upon submitting a request through the App, the Consumer will receive confirmation via the Diagnofirm Call Center regarding the availability of resources for a mobile appointment
3.4. Additionally, please note that there are certain Services that cannot be accommodated through our Mobile Services offerings.
4. Clinical Disclaimer
4.1. Diagnofirm does not provide any medical advice, diagnosis, treatment or other clinical decisions, suggestions or judgments. The Services and content are not a substitute for the competent analysis and professional judgment of health care professionals.
4.2. Use of the Services is not for emergency situations
5. Content Ownership, Responsibility and Removal
5.1. Definitions For purposes of these Terms: (i) “Content” means data, text, images, audio, video, information or other materials that are generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including the consumer) upload or make available through the Services, this includes all medical details relating to the samples. Content includes without limitation User Content.
5.2. Our Content Ownership Diagnofirm does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that the consumer may have to use and exploit their User Content. Subject to the foregoing, Diagnofirm and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. The Consumer acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the Republic of Botswana.
5.3. The Consumer’s Responsibility for User Content The Consumer is solely responsible for all their User Content. The Consumer represents and warrants that they own all their User Content or they have all rights that are necessary to grant Diagnofirm the license rights in their User Content under these Terms, this includes User Content provided by a parent or legal guardian of minors. The Consumer also represents and warrants that neither their User Content, nor their use and provision of the User Content to be made available through the Services, nor any use of their User Content by Diagnofirm on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6. Service Text Messages
If the Consumer provides their cellular phone number to Diagnofirm (either online or via text message) to use the Services and agrees to receive communications from Diagnofirm, they specifically authorize Diagnofirm to send text messages to their phone. The Consumer can opt out of receiving text messages by sending an email requesting such to enquiries@diagnofirm.co.bw
6.1. It is the Consumer’s responsibility to promptly inform Diagnofirm of any changes to their cell phone number or email address. Diagnofirm shall not be held liable for any communication sent to outdated contact information if the Consumer failed to notify Diagnofirm of such changes
7. Payments
7.1. Diagnofirm requires payment (“Payment”) of a fee for use of the Services. Specific fees will be outlined on the App.
7.2. When the Consumer makes a Payment, they expressly authorize Diagnofirm (or Diagnofirm’s third-party payment processor) to charge them for such transaction. The Consumer represents and warrants that they have the legal right to use all payment method(s) represented by any such payment information. When the Consumer initiates a transaction, they authorize Diagnofirm to provide their payment information to third parties so as to allow Diagnofirm to complete the transaction and to charge their payment method for the type of transaction they have selected (including any applicable taxes and other charges).
8. Intellectual property
8.1. Diagnofirm is the owner or licensee of all intellectual property rights in the App and the content and the Diagnofirm name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved
8.2. The Consumer is not granted any right to use, and may not use, any of Diagnofirm’s intellectual property rights other than as set out in these Terms
8.3. No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in them, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any nonpersonal, public or commercial purpose without our prior written consent
9. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, DIAGNOFIRM EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Diagnofirm makes no warranty that the Services will meet the Consumer’s requirements or be available on an uninterrupted, secure, or error-free basis. Diagnofirm makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
10. Indemnity
10.1. The Consumer will indemnify and hold harmless Diagnofirm and its officers, directors, employees, and agents, from and against any claims arising from use of the Services, Mobile Services and App.
10.2. In other words, the Consumer agrees to defend Diagnofirm, along with its officers, directors, employees, and agents, against any claims, demands, or legal actions that may arise from their use of the Services, Mobile Services, or App. This includes covering any associated costs, such as legal fees and damages, incurred by Diagnofirm due to such claims.
11. Severability
If any provision of these Terms are held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect, except as expressly state in this Agreement. Provisions of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision (or part of any provision) of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision
12. No Waiver
No waiver by Diagnofirm of any provision set out in these Terms shall be deemed a further or continuing waiver of such provision, and any failure by Diagnofirm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Botswana. This means that the Consumer access to and use of the App, and any dispute or claim arising out of or in connection therewith (including noncontractual disputes or claims), will be governed by Botswana law.
