- Terms and Conditions for WezaCare Solutions
ThriveCare PlatformThese Terms and Conditions ("Agreement")govern your use of the WezaCare Solutions Thrive Care Platform("Platform"), developed by WezaCare Solutions ("WezaCare,""we," or "us"). By accessing or using the Platform, you("User" or "you") agree to be bound by these Terms andConditions. If you do not agree to these terms, please do not use the Platform. - 1. Platform Description and Purpose
- 1. The Thrive CarePlatform is a digital/online case management database and repository developed by WezaCare Solutions. Its primary purpose is to serve as a case management system for child protection and safeguarding cases. The Platform enables various players in the child protection industry, including but not limited tosocial workers, law enforcement agencies, child welfare organisations, and government agencies, to manage and track information related to child protection cases.
2. Eligibility: ThriveCare is intended for use by authorized individuals and organisations involved in child protection case management. By accessing Thrive Care, you represent and warrant that you have the legal authority to enter into this Agreement and that you will comply with all applicable laws and regulations. - 2. User Obligations and Responsibilities
- 1. AccountRegistration: To use the Thrive Care Platform, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Compliance with Laws and Regulations: You agree to comply with all applicable laws and regulations while using the Thrive Care Platform. You are solely responsible for ensuring that your use of the Platform is in compliance with local laws and regulations governing child protection and data privacy.
3. Authorized Use/UseRestrictions: You shall use the Thrive Care Platform solely for its intended purpose of managing child protection and safeguarding cases. You shall not use the Platform for any illegal, unauthorized, or malicious activities. You shall not attempt to gain unauthorized access to the Platform or interfere with its operation.
4. Data Accuracy and Confidentiality: You are responsible for the accuracy and completeness of the data you input into the Nexus CarePlatform. You shall ensure that any data or information related to child protection cases is handled with utmost confidentiality and in compliance with applicable data protection laws - 3. IntellectualProperty
- 1. Ownership: WezaCareSolutions retains all rights, title, and interest in and to the Thrive CarePlatform, including all intellectual property rights. You acknowledge that you do not acquire any ownership rights by using the Platform.
2. License: WezaCare Solutions grants you a limited, non-exclusive, non-transferable license to access and use the Thrive Care Platform solely for its intended purpose, subject to these Terms and Conditions.
3. User Content: You retain ownership of any data or content you upload or submit to Thrive Care("User Content"). By submitting User Content, you grant WezaCare anon-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the User Content solely for the purpose of providing and improvingThrive Care. - 4. Data Privacy andSecurityResponsibilities
- 1. Data Collection andUse: WezaCare Solutions collects and processes personal data in accordance with applicable data protection laws and our Privacy Policy. By using the ThriveCare Platform, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy.
2. Data Security:WezaCare Solutions implements reasonable security measures to protect the data stored and transmitted through the Thrive Care Platform. However, you acknowledge that no data transmission or storage system is completely - 5. Limitation of Liability
- To the maximum extent permitted by law, WezaCare Solutions shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Thrive Care Platform, even if we have been advised of the possibility of such damages.
- 6. Indemnification
- You agree to indemnify, defend, and hold harmless WezaCare Solutions, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys" fees, arising out of or in connection with your use of the Thrive Care Platform, your violation of theseTerms and Conditions, or your infringement of any rights of any third party.
- 7. . Modifications to the Platform and Terms
- WezaCare Solutions reserves the right to modify, suspend, or discontinue the Thrive Care Platform, or any part thereof, at anytime without prior notice. We also reserve the right to modify these Terms andConditions at any time. Any modifications to the Terms and Conditions will be effective immediately upon posting on the Platform. It is your responsibility to review the Terms and Conditions periodically for any updates or changes.
- 8. Termination
- WezaCare Solutions may, at its sole discretion, suspend or terminate your access to the ThriveCare Platform at any time and for any reason, without liability. Upon termination, all provisions of these Terms and Conditions which by their nature should survive, including but not limited to intellectual property provisions, disclaimers, and limitations of liability, shall survive.
- 9. Governing Law and Dispute Resolution
- These Terms andConditions shall be governed by and construed in accordance with the laws ofKenya. Any dispute arising out of or in connection with these Terms andConditions shall be subject to the exclusive jurisdiction of the courts ofKenya
- 10. Severability
- If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- 11. Entire Agreement
- These Terms andConditions constitute the entire agreement between you and WezaCare Solutionsregarding your use of the Thrive Care Platform and supersede any prioragreements or understandings, whether oral or written.
- 12. Confidentiality and Non-Disclosure
- 1. ConfidentialInformation: During your use of the Thrive Care Platform, you may have access to confidential information, including but not limited to sensitive child protection case details, personal data, and proprietary information belonging to WezaCare Solutions or other users. You agree to treat such information as confidential and not to disclose or use it for any purpose other than theproper use of the Thrive Care Platform.
2. Non-DisclosureObligations: You shall take all necessary measures to maintain the confidentiality and security of any confidential information you access through the Thrive Care Platform. You shall not disclose, reproduce, transmit, or otherwise make available any confidential information to any third party without the express written consent of the disclosing party.
3. Exceptions: The obligations of confidentiality and non-disclosure shall not apply to any information that:
(a). is or becomes publicly available without breach of these Terms andConditions;
(b). is rightfully received from a third party without any confidentiality obligations;
(c). is independently developed by you without reference to the confidential information; or
(d). is required to be disclosed by law, regulation, or a valid court order. In such cases, you shall provide prompt notice to
WezaCare Solutions prior to any required disclosure, if legally permitted, to allow WezaCare Solutions to seek appropriate protective measures. - 13. Waiver
- 1. The failure of WezaCare to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. Any waiver of any provision of thisAgreement will be effective only if it is in writing and signed by anauthorized representative of WezaCare.
- 14. Relationship of theParties
- These Terms andConditions shall be governed by and construed in accordance with the laws ofKenya. Any dispute arising out of or in connection with these Terms andConditions shall be subject to the exclusive jurisdiction of the courts ofKenya
- 15. Survival
- Upon termination of this Agreement, any provisions that by their nature should survive termination shall survive, including but not limited to Sections 3 (Intellectual Property),4 (Data Privacy and Security), 5 (Limitation of Liability), 6 (Indemnification),9 (Governing Law and Dispute Resolution), and 10 (Severability).
- 16. Third-Party Links and Services
- The Thrive Care Platform may contain links tothird-party websites, applications, or services that are not owned orcontrolled by WezaCare Solutions. WezaCare Solutions does not endorse or assumeany responsibility for the content, privacy policies, or practices of suchthird parties. Your use of any third-party links or services is at your ownrisk, and you should review the applicable terms and policies before engagingwith any third-party services.
- 17. Language
- The Thrive Care Platform may contain links to third-party websites, applications, or services that are not owned or controlled by WezaCare Solutions. WezaCare Solutions does not endorse or assume any responsibility for the content, privacy policies, or practices of such third parties. Your use of any third-party links or services is at your own risk, and you should review the applicable terms and policies before engaging with any third-party services.
- 18. Assignment
- You may not assignor transfer any rights or obligations under this Agreement without the prior written consent of WezaCare. WezaCare may freely assign or transfer its rights and obligations under this Agreement without restriction.
- 19. Headings
- The headings used inthis Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.
- 20. Force Majeure
- WezaCare shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, power outages, or internet disruptions.
- 21. Amendments to the Terms and Conditions
- WezaCare Solutions reserves the right to modify or update these Terms and Conditions at any time, at our sole discretion. Any changes will be effective upon posting the revised terms on the Thrive CarePlatform. It is your responsibility to review the Terms and Conditions periodically, and continued use of the Thrive Care Platform after the posting of changes will constitute your acceptance of the revised terms.
- 22. Contact Information
- If you have any questions, concerns, or feedback regarding these Terms and Conditions or the Thrive Care Platform, please contact us at [contact information].By accessing or using the WezaCare Solutions ThriveCare Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any provision of this Agreement, you should refrain from accessing or using Thrive Care.