Terms and Conditions
Last Updated: November 01, 2024
Please Read These Terms and Conditions Carefully. This Is A Binding Contract.
These Terms and Conditions (these “T&C” or “Terms and Conditions”) describe the terms and conditions applicable to access and use by you (“you”) of the Wastina website (https://www.mywastina.com/) (“Site” or “Wastina Site”) operated by American Medical Center PLC (“AMC”, “we”, “us”, or “our”), registered in Ethiopia with company registration number LK/AA/2/5002992/2014 and its registered office located at American Medical Center Yeka Sub City Woreda 13 Kebele 20/21, as well as the services and content, including all information related to the Wastina Site and its membership tools and services provided in association with the Site (collectively, the “Service”).
BY USING THE SERVICE FOR ANY PURPOSE, WITH OUR WITHOUT AN ACCOUNT (AS DEFINED BELOW) AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT (I) YOU HAVE READ AND UNDERSTOOD THESE T&C, OUR PRIVACY POLICY LOCATED AT https://www.mywastina.com/, AND OUR COOKIE POLICY LOCATED AT https://www.mywastina.com/ (THE PRIVACY POLICY AND THE COOKIE POLICY COLLECTIVELY, THE “PRIVACY POLICY”); (II) YOU MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW; AND, (III) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SITE OR THE SERVICE. IF YOU DO NOT ACCEPT ANY PART OF THESE T&C, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SITE OR THE SERVICE IN ANY WAY. PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: support@mywastina.com.
We reserve the right to modify, amend, or otherwise change these T&C, in whole or in part, at any time and at our sole discretion. Such changes to these T&C will take effect as of the “Last updated” date stated at the beginning of these T&C. Each time you access the Service, you agree to be bound by the most current version of these T&C. However, it is ultimately your responsibility to review these T&C for any changes before using the Site and the Service. You may not change any elements of these T&C without our prior written consent. By continuing to use the Service, you hereby consent to any and all updates to these T&C. Further, we may, at our sole discretion, modify, suspend or discontinue the Service or the Site without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
☐ I, ______________, do hereby consent to be bound by these Terms and Conditions.
Minimum Age. The Site and Service are not intended for persons under 13 years of age. You must be at least 18 years of age, or between 13 and 18 years of age with parental consent, to use the Site and Service according to our Terms and Conditions. No one under age 13, or under age 18 without parental consent, may provide any information to or on the Site. AMC does not knowingly collect information from children under 13 or allow them to create an Account or access Account features. If you are under 13, or under 18 without parental consent, do not use or provide any information on the Site or through any of its features, or provide any information about yourself to us. If we learn that we have inadvertently collected or received personal information from a person under 13, or any unauthorized minor under 18 years of age, we will delete that data from our records. If you believe we might have any information from a person under 13, or any unauthorized minor under 18 years of age, please contact us at support@mywastina.com.
Note to Parents and Guardians. Because it is difficult for us to verify a person’s age online, it is entirely YOUR responsibility to supervise your child’s online activities at all times. Parental control tools like filtering software and hardware are commercially available to help you limit a child’s access to potentially harmful material on the Internet. If you discover that your child or minor has obtained an Account on the Site without your approval, please contact us immediately via email at support@mywastina.com so that we can promptly obtain parental consent or remove the child’s personal information from the Site.
Memberships: The Wastina Site offers various types of membership such as Gold, Silver, and Platinum. Each membership type grants various benefits including healthcare services to the beneficiary of such membership type (“Member”) at AMC in Addis Ababa. Descriptions of the various types of memberships are set forth in the Wastina Benefits and Membership Package located at https://www.mywastina.com/ (“Wastina Benefits and Information Package”) and the Wastina Benefits and Information Package is set forth on Exhibit A of these Terms and Conditions. Memberships can be purchased on the Site using various payment options set forth on the Site.
d) Price and Payment:
i.
The prices of the various membership options are set forth on the Site.
ii.
Membership prices shown on the Site are in U.S. Dollars. Membership prices shown on the Site may change from time to time. Such prices do not include sales or use taxes where applicable. You are responsible for any sales or use taxes that may apply to the purchased membership, which will be added to the total invoice price during the checkout process.
iii.
If the Sponsor chooses to pay using a payment card with a currency denominated account that is different from the currency of the order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
iv.
The Sponsor can find the available payment methods during the checkout process. We accept payment through payment modalities such as PayPal and Stripe. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain the Sponsor’s credit card information in order to process the payment. For more information, please review our Privacy Policy.
v.
By placing an order and making an offer to buy a membership package, a Sponsor authorizes us to transmit information (including any updated information) or to obtain information about the Sponsor from third parties from time to time and this may include verification checks involving the Sponsor’s debit or credit card number or credit reports e.g., in order to authenticate the Sponsor’s identity.
vi.
The Sponsor will represent and warrant that (i) the credit card information that the Sponsor supplies is true, correct and complete, (ii) the Sponsor is duly authorized to use such credit card for the purchase, (iii) charges incurred by the Sponsor will be honored by the Sponsor’s credit card company, and (iv) the Sponsor will pay charges incurred by the Sponsor at the posted prices, including handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of the Sponsor’s order.
Defined Terms: Defined terms used and not defined in this T&C will be defined as set forth in the Glossary of Terms in the Site.
Once you create an account (“Account”) on the Site, you are registered on the Site. The terms "beneficiary" “membership” and "account" all refer to this registration as a beneficiary on the Site. If you are merely surfing or browsing through the Site and have not yet created an Account (as defined below), your use of the Site is still subject to this T&C; if you do not accept any part of these T&C, you are not allowed to access or use the Site or the Service in any way.
Creating an account. In order to access some features of the Site, you will have to create an Account on the Site. You may create an Account by providing your full name, phone number, email, and password. Except as otherwise authorized by us, you may not have more than one Account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. When creating your Account you must provide accurate and complete information. You must also maintain and promptly update your Account and profile information in an effort to maintain accuracy and completeness at all times. By creating an Account, you give us the ability and right to view your profile and all other Content (as defined below) that you ever write or submit through our Site. For more information regarding what we collect from you and how we use it, please consult the Privacy Policy.
Responsibility for Your Account. You are solely responsible for your Account, password, and profile. So long as you have an Account on the Site, you agree to safeguard your login credentials and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not), which includes all content that can be linked or traced back to your Account. You may not assign or otherwise transfer your Account to any other person. You agree to immediately notify us of any unauthorized use of your Account, password or profile and to report a lost or stolen Account to us at: support@mywastina.com. YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF AMC OR ANY AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO AMC.
Account Disablement: AMC reserves the right to terminate, restrict, or suspend your Account at any time with or without notice if we believe that you have knowingly provided any information of a false untrue inaccurate or incomplete nature, or breached these T&C, or for any other reason, with or without cause, at our sole discretion. AMC may refuse any and all current or future use of the Site or any portion thereof. AMC is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. These T&C will survive termination of your Account.
The Site and any marketing and other content viewed through our Site are for your personal and non-commercial use only and may not be shared with other non-members. During your membership, we grant you a limited, non- exclusive, non-transferable right to access the Site and view the content through the Site. Except for the foregoing, no right, title or interest is transferred to you.
Limited License to Use the Service: Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in either the Service or any of the contents you find therein. If you breach any provision of these T&C, the above license will terminate automatically.
Information About You: We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Policy. AMC may use such information without monetary compensation to you and in consideration for the various services and content provided or made available to you through the Service.
You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF AMC OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO AMC.
Restrictions and Conditions of Use. You agree that you will NOT use the Service, or any portion(s) thereof or content found therein, in any way not expressly permitted by these T&C or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:
AMC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms and Conditions or which would otherwise be considered offensive to other visitors, users and/or beneficiaries.
AMC herein reserves the right to access, preserve and/or disclose beneficiary account information and/or content to the website administrator of the organization that the health care provider (a Member’s primary care physician) works in if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
AMC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by AMC or any other content providers supplying content services to AMC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Service, despite whether done so in whole or in part, is expressly prohibited.
The Service is provided for users in Ethiopia. Although it may be possible to access the Site from other countries, we make no representation that our Service is compliant with any legal requirements in force in any jurisdiction other than Ethiopia, or that the content available on the Service will be appropriate for users in other countries or states. If you access the Service from outside Ethiopia, you do so on your own initiative and are responsible for compliance with local laws.
Definition of Content: “Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces, software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Site.
Content of AMC or Our Affiliates: AMC or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Service for any reason and without notice to you. You may NOT reproduce Content found on the Service in other websites or platforms without obtaining our prior written consent.
Use of the Content. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the Content without our prior written consent, except as follows:
You must not:
Misuse of Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the T&C, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.
Change of Content: AMC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the T&C or which would otherwise be considered offensive to other visitors, users and/or beneficiaries.
You are Responsible for Your Content. You are solely responsible for the Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to other users whether publicly or privately Posted. You may not Post as part of the Service, or transmit to AMC or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially-offensive, sexually-explicit, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Ownership and License of Your Content. With respect to your original or proprietary Content that you Post or create on the Service, you will retain all rights, title, and ownership interests to that Content. In exchange for the valuable consideration of the opportunity to Post and share your Content with others through the Service, you hereby agree that AMC will automatically be granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that Content when it is first uploaded to or created on the Service. If any of your Content is modified or deleted by you or by AMC, you understand that prior versions of such modified or deleted Content will continue to be licensed to and freely used by AMC in such earlier form, and may persist in backup copies for a reasonable period of time (but that following modification or removal, we will not make them available publicly on the Service) or may remain with users who have previously accessed and downloaded such prior versions of your modified or deleted Content. You also hereby grant AMC a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to use your name, profile information, biography, photograph, and likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution, and at our sole discretion.
Changes and Other Uses of Content. You agree that this license also includes the right for AMC to make your Content available to others for the publication, display, distribution, transmission, performance, syndication, or broadcast through any media and online platforms. Such additional uses by AMC or others may be made with no monetary or other compensation. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Monitoring and Takedown of Your Content. You understand and agree that AMC may, but is not obligated to, monitor or review any Content Posted on the Service. AMC may also delete any Content, in whole or in part, that in the sole judgment of AMC violates these T&C or may harm the reputation of the Service or AMC.
Other Users’ Content. Please use caution and common sense when using other users’ Content you may find on the Service. It is possible that you may be of the opinion that Content originating from other users on the Service is offensive, harmful, inaccurate, or deceptive to you. You understand and agree that you may only use the Service at your own risk and that you will not seek to hold us liable in any manner for Content provided or created by other users.
Conduct of Other Users. AMC is not responsible for your conduct or the conduct of any other user of the Service. In no event will AMC, our affiliates, partners, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
Contributions to Site. AMC may provide an area for you to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Site, you acknowledge and agree that:
Content of AMC or Our Affiliates. We reserve the right to change or remove all Content from the Site for any reason and without notice to you. You may NOT reproduce Content found on the Site (except for Content that you Post) in other websites or platforms without obtaining our prior written consent.
This policy outlines the terms and conditions for requesting a refund for payments made for medical services provided to the Member subsequent to when an individual becomes a Member. Any complaints regarding AMC or medical services should be directed to AMC for resolution. AMC will handle all complaints in accordance with Ethiopian law.
Refund Eligibility: Payment for AMC’s medical services may be made by the Member themselves or by the person purchasing a membership (“Sponsor”). A Sponsor making a payment on behalf of a Member is not entitled to make clinical decisions on behalf of the Member nor is such Sponsor entitled to privileged information related to the Member for whom a payment was made (unless the payer is the Member). Any refund related issues or disputes that may arise will be handled only by the Member and no third party will be privileged to such confidential information or financial matters related to the Member. If a decision is made to refund money for any reason, such a refund will be made to the Member in the Ethiopian local currency (Birr). To be eligible for a refund, the following conditions must be met:
Refund Process: To request a refund, a Member must visit an AMC office and take the following steps:
i. Complete a refund form at an AMC office, which form will include the following information:
ii. Subsequent to submission of a fully completed refund request package, the AMC customer service team will review the completed refund request package and respond within five business days of the date of the submission of a fully completed refund request package.
iii. An approved refund will result in compensation either (A) in cash payable in Ethiopian Birr payable within five business days of the refund approval date, or (B) in the form of medical services in the amount of the approved refund, with such medical services to be provided within five business days of the refund approval date.
Our customer support team will work with the Member to find a suitable solution for any dispute that may arise.
Any questions or concerns about our refund policy should be directed to our customer support team at support@mywastina.com.
You agree to defend, indemnify, reimburse, and hold harmless AMC as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, arising from or related to (i) your unauthorized use of the Service, (ii) your breach of any provision in these Terms and Conditions, (iii) any of your representations or warranties made herein, (iv) your violation of any law or rights of any third party, or (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent. NOTHING STATED IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
AMC reserves the right at any time it may deem fit to modify alter and or discontinue whether temporarily or permanently our Service or any part thereof with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration modification suspension and/or discontinuance of our Service or any part thereof.
As a Sponsor, you may cancel or terminate your Account associated email address and/or access to our Services by submitting a cancellation or termination request to support@mywastina.com. Upon such termination, there will be no reimbursement of any amount paid by you for the membership,
As a Sponsor, you agree that AMC may without any prior written notice immediately suspend, terminate, discontinue and/or limit your Account, any email associated with your Account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
You agree that any and all terminations, suspensions, discontinuances and / or limitations of access to your Account or Service for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Account associated email address and/or access to any of our Services.
The termination of your Account on the Site shall include any and/or all of the following:
Links to Third-Party Websites: The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. AMC has no control over such third-party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that AMC will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on our or through the Site or Service, including payment and delivery of any advertised goods or services - and any other terms, conditions, warranties or representations associated with such dealings - are solely between you and such other user or third party. You agree that AMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on the Site or located through the use of the Service.
Links From Third-Party Websites to AMC’s Site: Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-part websites, you may only link or hyperlink to the Service elsewhere on the internet and world wide web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
You may link to the Service only in compliance with these T&C, and only in the following instances:
Any trademarks and service marks, trade names, trade dresses, logos, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, proprietary ideas, or any other intellectual property or proprietary rights displayed, performed, transmitted, or otherwise appearing on the Service and the Content therein (collectively, the “IP”) are owned by AMC, licensed to AMC, or used by AMC in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. All such rights are protected by Ethiopian and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any use of the Service and the Content, other than as specifically authorized herein, is strictly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Any rights not expressly granted herein are reserved by us. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: support@mywastina.com.
WARRANTY DISCLAIMERS: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
AMC’s Liability is Limited: We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO: (i) your use of the Service; (ii) any corruption or loss of data; (iii) any delay or inability to access the Service, including, without limitation, any interruptions, suspension or withdrawal of our Site (for any reason whatsoever); (iv) any use you make of the Content, including any reliance you make on such Content; (v) any loss of savings, profits, sales, business or revenue; (vi) any loss of reputation or goodwill; (vii) any loss of a chance or opportunity; or (ix) any other secondary, consequential or indirect losses. AMC’S AGGREGATE LIABILITY FOR DAMAGES RELATING TO THE TERMS AND CONDITIONS SHALL NOT EXCEED IN AGGREGATE (A) THE TOTAL FEES PAID TO AMC BY YOU (IF ANY), OR (B) A MAXIMUM OF ONE THOUSAND (1,000) ETHIOPIAN BIRR ETHIOPIAN BIRR. In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, AMC’s liability will be limited to the fullest extent permitted by applicable law.
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to AMC by you (if any), or (b) a maximum of one thousand (1,000) Ethiopian Birr Ethiopian Birr.
We are committed to ensuring that the Site is accessible to all users including those with disabilities. If you encounter any accessibility barriers, please contact us at support@mywastina.com for assistance.
Account Information: Sponsors and Members will each have individual accounts on the Site. Sponsors can view details of the packages they've purchased including expiry dates and remaining balances. Members can view details of the packages purchased for them as well as individual transactions and receipts.
AMC Access: AMC will have access to patient information for the purpose of providing healthcare services. AMC will handle all patient-related information in accordance with applicable laws and regulations.
Finance Team Access: The finance team at AMC will have access to the Service’s platform and information for managing transactions and deducting costs from the Member Account. They will also have access to a page that displays all transactions for record-keeping purposes.
Administrative Access: AMC management will have access to an administrative page for overseeing all activities on the platform. This includes access to patient receipts and company transactions for monitoring and compliance purposes.
These T&C and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these T&C or your use of or access to the Service, shall be governed by and construed in accordance with the laws of Ethiopia, without regard to any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and AMC agree that any cause of action arising out of or related to the Site or Services must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE T&C OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AMC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be carried out in accordance with the applicable Ethiopian Arbitration and Mediation Rules of Arbitration as well as Ethiopian laws. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.
Notwithstanding Section 16, you acknowledge that unauthorized use of the Service or other breach of these T&C could result in immediate and irremediable damage to AMC, and that money damages alone would be inadequate to compensate AMC. Therefore, in the event of your breach or threatened breach of any provision of these T&C, AMC may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these T&C, the prevailing party will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
T&C Revisions. These T&C may only be revised in a writing signed by AMC, or published by AMC on the Site.
Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created or exists between you and AMC or our affiliates unless expressly stated in another agreement.
Assignment. AMC may assign these T&C, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these T&C without AMC’s prior written consent, and any unauthorized assignment by you will be null and void.
Entire Agreement. These T&C, including documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.
Severability. If any part of these T&C is determined to be invalid or unenforceable, then that portion will be severed, and the remainder of these T&C will be given full force and effect.
No Waiver. Our failure to enforce any provision of these T&C will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these T&C will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices we are required to give you may be delivered electronically by email or through the Site. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address. Notices we send you will be deemed delivered when emailed or otherwise transmitted by us. All notices, approvals, requests or demands you make to AMC, shall be in writing, and shall be sent by express courier as follows:
Address: AMC, Sunshine compound, Meri Loke Sub City, Addis Ababa, Ethiopia
Attn.: Wastina Administrator
Email: support@mywastina.com
Force Majeure. Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the T&C is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
All Rights Reserved. All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.
Please Read These Terms and Conditions Carefully. This Is A Binding Contract.
These Terms and Conditions (these “T&C” or “Terms and Conditions”) describe the terms and conditions applicable to access and use by you (“you”) of the Wastina website (https://www.mywastina.com/) (“Site” or “Wastina Site”) operated by American Medical Center PLC (“AMC”, “we”, “us”, or “our”), registered in Ethiopia with company registration number LK/AA/2/5002992/2014 and its registered office located at American Medical Center Yeka Sub City Woreda 13 Kebele 20/21, as well as the services and content, including all information related to the Wastina Site and its membership tools and services provided in association with the Site (collectively, the “Service”).
BY USING THE SERVICE FOR ANY PURPOSE, WITH OUR WITHOUT AN ACCOUNT (AS DEFINED BELOW) AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT (I) YOU HAVE READ AND UNDERSTOOD THESE T&C, OUR PRIVACY POLICY LOCATED AT https://www.mywastina.com/, AND OUR COOKIE POLICY LOCATED AT https://www.mywastina.com/ (THE PRIVACY POLICY AND THE COOKIE POLICY COLLECTIVELY, THE “PRIVACY POLICY”); (II) YOU MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW; AND, (III) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SITE OR THE SERVICE. IF YOU DO NOT ACCEPT ANY PART OF THESE T&C, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SITE OR THE SERVICE IN ANY WAY. PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: support@mywastina.com.
We reserve the right to modify, amend, or otherwise change these T&C, in whole or in part, at any time and at our sole discretion. Such changes to these T&C will take effect as of the “Last updated” date stated at the beginning of these T&C. Each time you access the Service, you agree to be bound by the most current version of these T&C. However, it is ultimately your responsibility to review these T&C for any changes before using the Site and the Service. You may not change any elements of these T&C without our prior written consent. By continuing to use the Service, you hereby consent to any and all updates to these T&C. Further, we may, at our sole discretion, modify, suspend or discontinue the Service or the Site without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
☐ I, ______________, do hereby consent to be bound by these Terms and Conditions.
Minimum Age. The Site and Service are not intended for persons under 13 years of age. You must be at least 18 years of age, or between 13 and 18 years of age with parental consent, to use the Site and Service according to our Terms and Conditions. No one under age 13, or under age 18 without parental consent, may provide any information to or on the Site. AMC does not knowingly collect information from children under 13 or allow them to create an Account or access Account features. If you are under 13, or under 18 without parental consent, do not use or provide any information on the Site or through any of its features, or provide any information about yourself to us. If we learn that we have inadvertently collected or received personal information from a person under 13, or any unauthorized minor under 18 years of age, we will delete that data from our records. If you believe we might have any information from a person under 13, or any unauthorized minor under 18 years of age, please contact us at support@mywastina.com.
Note to Parents and Guardians. Because it is difficult for us to verify a person’s age online, it is entirely YOUR responsibility to supervise your child’s online activities at all times. Parental control tools like filtering software and hardware are commercially available to help you limit a child’s access to potentially harmful material on the Internet. If you discover that your child or minor has obtained an Account on the Site without your approval, please contact us immediately via email at support@mywastina.com so that we can promptly obtain parental consent or remove the child’s personal information from the Site.
Memberships: The Wastina Site offers various types of membership such as Gold, Silver, and Platinum. Each membership type grants various benefits including healthcare services to the beneficiary of such membership type (“Member”) at AMC in Addis Ababa. Descriptions of the various types of memberships are set forth in the Wastina Benefits and Membership Package located at https://www.mywastina.com/ (“Wastina Benefits and Information Package”) and the Wastina Benefits and Information Package is set forth on Exhibit A of these Terms and Conditions. Memberships can be purchased on the Site using various payment options set forth on the Site.
Price and Payment:
i. The prices of the various membership options are set forth on the Site.
ii. Membership prices shown on the Site are in U.S. Dollars. Membership prices shown on the Site may change from time to time. Such prices do not include sales or use taxes where applicable. The person purchasing a membership (“Sponsor”) is responsible for any sales or use taxes that may apply to the purchased membership, which will be added to the total invoice price during the checkout process.
iii. If the Sponsor chooses to pay using a payment card with a currency denominated account that is different from the currency of the order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
iv. The Sponsor can find the available payment methods during the checkout process. We accept payment through payment modalities such as PayPal and Stripe. Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain the Sponsor’s credit card information in order to process the payment. For more information, please review our Privacy Policy.
v. By placing an order and making an offer to buy a membership package, a Sponsor authorizes us to transmit information (including any updated information) or to obtain information about the Sponsor from third parties from time to time and this may include verification checks involving the Sponsor’s debit or credit card number or credit reports e.g., in order to authenticate the Sponsor’s identity.
vi. The Sponsor will represent and warrant that (i) the credit card information that the Sponsor supplies is true, correct and complete, (ii) the Sponsor is duly authorized to use such credit card for the purchase, (iii) charges incurred by the Sponsor will be honored by the Sponsor’s credit card company, and (iv) the Sponsor will pay charges incurred by the Sponsor at the posted prices, including handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of the Sponsor’s order.
Defined Terms: Defined terms used and not defined in this T&C will be defined as set forth in the Glossary of Terms in the Site.
Once you create an account (“Account”) on the Site, you are registered on the Site. The terms "beneficiary" “membership” and "account" all refer to this registration as a beneficiary on the Site. If you are merely surfing or browsing through the Site and have not yet created an Account (as defined below), your use of the Site is still subject to this T&C; if you do not accept any part of these T&C, you are not allowed to access or use the Site or the Service in any way.
Creating an account. In order to access some features of the Site, you will have to create an Account on the Site. You may create an Account by providing your full name, phone number, email, and password. Except as otherwise authorized by us, you may not have more than one Account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. When creating your Account you must provide accurate and complete information. You must also maintain and promptly update your Account and profile information in an effort to maintain accuracy and completeness at all times. By creating an Account, you give us the ability and right to view your profile and all other Content (as defined below) that you ever write or submit through our Site. For more information regarding what we collect from you and how we use it, please consult the Privacy Policy.
Responsibility for Your Account. You are solely responsible for your Account, password, and profile. So long as you have an Account on the Site, you agree to safeguard your login credentials and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not), which includes all content that can be linked or traced back to your Account. You may not assign or otherwise transfer your Account to any other person. You agree to immediately notify us of any unauthorized use of your Account, password or profile and to report a lost or stolen Account to us at: support@mywastina.com. YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF AMC OR ANY AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO AMC.
Account Disablement: AMC reserves the right to terminate, restrict, or suspend your Account at any time with or without notice if we believe that you have knowingly provided any information of a false untrue inaccurate or incomplete nature, or breached these T&C, or for any other reason, with or without cause, at our sole discretion. AMC may refuse any and all current or future use of the Site or any portion thereof. AMC is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. These T&C will survive termination of your Account.
The Site and any marketing and other content viewed through our Site are for your personal and non-commercial use only and may not be shared with other non-members. During your membership, we grant you a limited, non- exclusive, non-transferable right to access the Site and view the content through the Site. Except for the foregoing, no right, title or interest is transferred to you.
Limited License to Use the Service: Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in either the Service or any of the contents you find therein. If you breach any provision of these T&C, the above license will terminate automatically.
Information About You: We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Policy. AMC may use such information without monetary compensation to you and in consideration for the various services and content provided or made available to you through the Service.
You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF AMC OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO AMC.
Restrictions and Conditions of Use. You agree that you will NOT use the Service, or any portion(s) thereof or content found therein, in any way not expressly permitted by these T&C or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:
AMC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms and Conditions or which would otherwise be considered offensive to other visitors, users and/or beneficiaries.
AMC herein reserves the right to access, preserve and/or disclose beneficiary account information and/or content to the website administrator of the organization that the health care provider (your primary care physician) works in if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
AMC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by AMC or any other content providers supplying content services to AMC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Service, despite whether done so in whole or in part, is expressly prohibited.
The Service is provided for users in Ethiopia. Although it may be possible to access the Site from other countries, we make no representation that our Service is compliant with any legal requirements in force in any jurisdiction other than Ethiopia, or that the content available on the Service will be appropriate for users in other countries or states. If you access the Service from outside Ethiopia, you do so on your own initiative and are responsible for compliance with local laws.
Definition of Content: “Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces, software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Site.
Content of AMC or Our Affiliates: AMC or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Service for any reason and without notice to you. You may NOT reproduce Content found on the Service in other websites or platforms without obtaining our prior written consent.
Use of the Content. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the Content without our prior written consent, except as follows:
You must not:
Misuse of Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the T&C, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.
Change of Content: AMC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the T&C or which would otherwise be considered offensive to other visitors, users and/or beneficiaries.
You are Responsible for Your Content. You are solely responsible for the Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to other users whether publicly or privately Posted. You may not Post as part of the Service, or transmit to AMC or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially-offensive, sexually-explicit, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Ownership and License of Your Content. With respect to your original or proprietary Content that you Post or create on the Service, you will retain all rights, title, and ownership interests to that Content. In exchange for the valuable consideration of the opportunity to Post and share your Content with others through the Service, you hereby agree that AMC will automatically be granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that Content when it is first uploaded to or created on the Service. If any of your Content is modified or deleted by you or by AMC, you understand that prior versions of such modified or deleted Content will continue to be licensed to and freely used by AMC in such earlier form, and may persist in backup copies for a reasonable period of time (but that following modification or removal, we will not make them available publicly on the Service) or may remain with users who have previously accessed and downloaded such prior versions of your modified or deleted Content. You also hereby grant AMC a worldwide, perpetual, non-exclusive, sublicenseable, transferrable and royalty-free license to use your name, profile information, biography, photograph, and likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution, and at our sole discretion.
Changes and Other Uses of Content. You agree that this license also includes the right for AMC to make your Content available to others for the publication, display, distribution, transmission, performance, syndication, or broadcast through any media and online platforms. Such additional uses by AMC or others may be made with no monetary or other compensation. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Monitoring and Takedown of Your Content. You understand and agree that AMC may, but is not obligated to, monitor or review any Content Posted on the Service. AMC may also delete any Content, in whole or in part, that in the sole judgment of AMC violates these T&C or may harm the reputation of the Service or AMC.
Other Users’ Content. Please use caution and common sense when using other users’ Content you may find on the Service. It is possible that you may be of the opinion that Content originating from other users on the Service is offensive, harmful, inaccurate, or deceptive to you. You understand and agree that you may only use the Service at your own risk and that you will not seek to hold us liable in any manner for Content provided or created by other users.
Conduct of Other Users. AMC is not responsible for your conduct or the conduct of any other user of the Service. In no event will AMC, our affiliates, partners, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
Contributions to Site. AMC may provide an area for Members to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Site, you acknowledge and agree that:
Content of AMC or Our Affiliates. We reserve the right to change or remove all Content from the Site for any reason and without notice to you. You may NOT reproduce Content found on the Site (except for Content that you Post) in other websites or platforms without obtaining our prior written consent.
This policy outlines the terms and conditions for requesting a refund for payments made for medical services provided to the Member subsequent to when an individual becomes a Member. Any complaints regarding AMC or medical services should be directed to AMC for resolution. AMC will handle all complaints in accordance with Ethiopian law.
Refund Eligibility: Payment for AMC’s medical services may be made by the Member themselves or by the Sponsor. A Sponsor making a payment on behalf of a Member is not entitled to make clinical decisions on behalf of the Member nor is such Sponsor entitled to privileged information related to the Member for whom a payment was made (unless the payer is the Member). Any refund related issues or disputes that may arise will be handled only by the Member and no third party will be privileged to such confidential information or financial matters related to the Member. If a decision is made to refund money for any reason, such a refund will be made to the Member in the Ethiopian local currency (Birr). To be eligible for a refund, the following conditions must be met:
Refund Process: To request a refund, visit an AMC office and take the following steps:
i.
Complete a refund form at an AMC office, which form will include the following information:
ii.
Subsequent to submission of a fully completed refund request package, the AMC customer service team will review the completed refund request package and respond within five business days of the date of the submission of a fully completed refund request package.
An approved refund will result in compensation either (A) in cash payable in Ethiopian Birr payable within five business days of the refund approval date, or (B) in the form of medical services in the amount of the approved refund, with such medical services to be provided within five business days of the refund approval date.
Our customer support team will work with you to find a suitable solution for any dispute that may arise.
Any questions or concerns about our refund policy should be directed to our customer support team at support@mywastina.com.
You agree to defend, indemnify, reimburse, and hold harmless AMC as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, arising from or related to (i) your unauthorized use of the Service, (ii) your breach of any provision in these Terms and Conditions, (iii) any of your representations or warranties made herein, (iv) your violation of any law or rights of any third party, or (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent. NOTHING STATED IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
AMC reserves the right at any time it may deem fit to modify alter and or discontinue whether temporarily or permanently our Service or any part thereof with or without prior notice. In addition we shall not be held liable to you or to any third party for any such alteration modification suspension and/or discontinuance of our Service or any part thereof.
As a Member, you may cancel or terminate your Account associated email address and/or access to our Services by submitting a cancellation or termination request to support@mywastina.com. Upon such termination, there will be no reimbursement of any amount paid by the Sponsor for the membership,
As a Member, you agree that AMC may without any prior written notice immediately suspend, terminate, discontinue and/or limit your Account, any email associated with your Account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
You agree that any and all terminations, suspensions, discontinuances and / or limitations of access to your Account or Service for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Account associated email address and/or access to any of our Services.
The termination of your Account on the Site shall include any and/or all of the following:
Links to Third-Party Websites: The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. AMC has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that AMC will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on our or through the Site or Service, including payment and delivery of any advertised goods or services - and any other terms, conditions, warranties or representations associated with such dealings - are solely between you and such other user or third party. You agree that AMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on the Site or located through the use of the Service.
Links From Third-Party Websites to AMC’s Site: Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-part websites, you may only link or hyperlink to the Service elsewhere on the internet and world wide web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
You may link to the Service only in compliance with these T&C, and only in the following instances:
Any trademarks and service marks, trade names, trade dresses, logos, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, proprietary ideas, or any other intellectual property or proprietary rights displayed, performed, transmitted, or otherwise appearing on the Service and the Content therein (collectively, the “IP”) are owned by AMC, licensed to AMC, or used by AMC in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. All such rights are protected by Ethiopian and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any use of the Service and the Content, other than as specifically authorized herein, is strictly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Any rights not expressly granted herein are reserved by us. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: support@mywastina.com.
WARRANTY DISCLAIMERS: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
AMC’s Liability is Limited: We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO: (i) your use of the Service; (ii) any corruption or loss of data; (iii) any delay or inability to access the Service, including, without limitation, any interruptions, suspension or withdrawal of our Site (for any reason whatsoever); (iv) any use you make of the Content, including any reliance you make on such Content; (v) any loss of savings, profits, sales, business or revenue; (vi) any loss of reputation or goodwill; (vii) any loss of a chance or opportunity; or (ix) any other secondary, consequential or indirect losses. AMC’S AGGREGATE LIABILITY FOR DAMAGES RELATING TO THE TERMS AND CONDITIONS SHALL NOT EXCEED IN AGGREGATE (A) THE TOTAL FEES PAID TO AMC BY YOU (IF ANY), OR (B) A MAXIMUM OF ONE THOUSAND (1,000) ETHIOPIAN BIRR. In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, AMC’s liability will be limited to the fullest extent permitted by applicable law.
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to AMC by you (if any), or (b) a maximum of one thousand (1,000) Ethiopian Birr.
We are committed to ensuring that the Site is accessible to all users including those with disabilities. If you encounter any accessibility barriers please contact us at support@mywastina.com for assistance.
Account Information: Sponsors and Member will each have individual accounts on the Site. Sponsors can view details of the packages they've purchased including expiry dates and remaining balances. Members can view details of the packages purchased for them as well as individual transactions and receipts.
AMC Access: AMC will have access to patient information for the purpose of providing healthcare services. AMC will handle all patient-related information in accordance with applicable laws and regulations.
Finance Team Access: The finance team at AMC will have access to the Service’s platform and information for managing transactions and deducting costs from the Member Account. They will also have access to a page that displays all transactions for record-keeping purposes.
Administrative Access: AMC management will have access to an administrative page for overseeing all activities on the platform. This includes access to patient receipts and company transactions for monitoring and compliance purposes.
These T&C and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these T&C or your use of or access to the Service, shall be governed by and construed in accordance with the laws of Ethiopia, without regard to any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and AMC agree that any cause of action arising out of or related to the Site or Services must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE T&C OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AMC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be carried out in accordance with the applicable Ethiopian Arbitration and Mediation Rules of Arbitration as well as Ethiopian laws. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.
Notwithstanding Section 18, you acknowledge that unauthorized use of the Service or other breach of these T&C could result in immediate and irremediable damage to AMC, and that money damages alone would be inadequate to compensate AMC. Therefore, in the event of your breach or threatened breach of any provision of these T&C, AMC may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance.
Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these T&C, the prevailing party will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
T&C Revisions. These T&C may only be revised in a writing signed by AMC, or published by AMC on the Site.
Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created or exists between you and AMC or our affiliates unless expressly stated in another agreement.
Assignment. AMC may assign these T&C, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these T&C without AMC’s prior written consent, and any unauthorized assignment by you will be null and void.
Entire Agreement. These T&C, including documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.
Severability. If any part of these T&C is determined to be invalid or unenforceable, then that portion will be severed, and the remainder of these T&C will be given full force and effect.
No Waiver. Our failure to enforce any provision of these T&C will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these T&C will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices we are required to give you may be delivered electronically by email or through the Site. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address. Notices we send you will be deemed delivered when emailed or otherwise transmitted by us. All notices, approvals, requests or demands you make to AMC, shall be in writing, and shall be sent by express courier as follows:
Address: AMC, Sunshine compound, Meri Loke Sub City, Addis Ababa, Ethiopia
Attn.: Wastina Administrator
Email: support@mywastina.com
Force Majeure. Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the T&C is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
All Rights Reserved. All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.
Last updated: November 01, 2024