1. Introduction
    1.1. This agreement applies to and between you, the User of this Website and Yebi Health (https://yebihealth.co.tz). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website operated by Yebi Health or https://yebihealth.co.tz (“us”, “we”, or “our”).
    1.2. In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our website, “we”, “company”, “us” and “our” refer to https://yebihealth.co.tz or Yebi Health and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Customers and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
    1.3. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time with a reasonable notice given to you (we try to give at least 7 days’ notice prior to such change) except where we are required by law to effect such change immediately or where there have reasonable reasons to make such changes e.g. in the cases of fraud, defective products and other reasons as we may see fit. Any such change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
    1.4. By using https://yebihealth.co.tz (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
  2. Age Restriction
    2.1 This Site and our services are offered and available to users who are 16 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website and our service.
    2.2 If you are under 16, you may only use the site under the supervision of an adult, legal guardian or parent.
  3. Unauthorised Access
    3.1 It is unlawful to try and gain unauthorised access to this site, its servers, or any computer or database connected to this Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use this Site will cease immediately.
    3.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to you downloading any material posted on it, or on any website linked to it.
  4. Our Service
    4.1 We at Yebi Health believe that through technology we can reduce healthcare costs and facilitate access to quality-assured medication and healthcare. Our Site allow for the easy transaction of quality-assured medication so that importers, vendors, pharmacists, and patients can all easily sell, buy, and access high quality medicine. We simplify the supply-chain while fighting counterfeit medication and price-inflation. At the same time, healthcare becomes more accessible than ever by providing users with medicine they need from local vendors at affordable prices or to book appointments with doctors and other healthcare professionals with our facilitated booking system. This Site provides us the ability to collect data from every level of the medical supply chain to better understand where the strongest supply needs lie and how we can better provide accessible healthcare to our users.
    4.2 This Site is a convenient platform connecting those who require medical assistance/products with those who can provide it. There are two categories of users on this Site. They are listed below as:
    a) Buyers: Buyers are individuals or organisations who wish to purchase medical products or require medical assistance from manufacturers/medical experts either in small or large quantity. Simply put, buyers are those who wish to purchase service(s) and/or Product(s) from sellers on the Site.
    b) Sellers: Sellers are independent medical organisations, manufacturers or wholesalers wishing to sell medical product(s) and/or Service(s) on our website. Sellers can either sell as a business to another business (B2B) such as when a manufacturer of medical supplies sells to importers or wholesalers. Another category of sellers will be those wishing to sell medical product(s) and/or Service(s) directly to customers (B2C) e.g. a pharmacist to a patient. While B2B transactions on the Site can be sold in large quantity, sellers who sell to patients or private individuals (non-business individuals) can sell in small units.
  5. Fees and Payments
    5.1 In consideration for the services and products provided, users will be required to make payments as stated and set on the Site. While buyers are only required to pay for the product and additional shipping fees as set by the seller and displayed on the Site or shall be agreed upon by the buyer with the seller, sellers will be charged a 9% by Yebi Health of any product and/or Service sold on the Site by the Seller.
    5.2 While Sellers can set the prices for their product(s) and Service(s) on the Site, Yebi Health shall accrue and withhold all payments made to the seller from the sales of such product(s) and service(s), without interest until 7 days after receipt of the product/services by the buyer, to cover the refund period (see clause 6.3).
    5.3 The Buyer agrees to provide valid payment details or means of payment when signing up to our site. All payments made by buyers on this website shall be taken from the means of payment/payment details provided to us when registering/signing up to this Site. Sellers agree to provide us with information such as their names and bank details or mobile wallet, where we can deposit money made from sales of their product(s) and/or Service(s).
    5.4 You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
  6. Refund Policy
    6.1 If a buyer is not entirely satisfied with the order/product/service provided by a seller on the Site, the buyer may request for a refund if the service/product had already been paid for. Yebi Health will hold the transaction funds until such time as instructed by both parties upon their resolution of the dispute or as ordered to by a legal entity.
    6.2 The seller agrees and acknowledges that it will not receive and will have no right to receive a revenue share on any portion of the sale amount that was refunded. In the event that the seller had been paid by Yebi Health for the order, Yebi Health will offset the amount paid in refund against any accumulated profit accrued and held by Yebi Health on behalf of the seller or require the seller to remit the amount paid as a refund back to Yebi Health. When this Agreement terminates, Yebi Health may withhold all revenue share due for a period of thirty (30) days from the date they would otherwise be payable, in order to ensure Yebi Health’s ability to offset any end user refunds or make any other offsets to which Yebi Health is entitled.
    6.3 The Buyer shall have 7 days after the product/service has been delivered to them to request a refund. Any request for a refund after this period shall not be accepted.
  7. Shipping
    7.1 It is the responsibility of the seller (where the seller provides shipping services) to ensure all products are adequately delivered to the address or location provided by the buyer to the seller. For products to be shipped, seller shall ensure it adequately provides and adds the cost of shipping to the cost of the product. All orders must be shipped within the time frame stated by the seller on the Site. It is the responsibility of the seller to inform the buyer as soon as their product has been dispatched with an estimated delivery date.
  8. Fraudulent Transactions
    8.1 In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigation including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site.
    8.2 Falsely making any such fraudulent claims can result in your card being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
    8.3 If in any event, there is a claim that our service has been used fraudulently and/or for illegal activities, we will inform the police authorities who shall investigate this and if they find this to be true, we will flag and blacklist the account and card from using our service in the future.
  9. Intellectual Property
    9.1 Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of https://yebihealth.co.tz or our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable local and international Intellectual Property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
  10. Links to Other Websites
    10.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Yebi Health or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. We advise that you read through their terms carefully before using the linked sites.
  11. User Accounts
    11.1 You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
    11.2 In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
    11.3 By continuing to use this Website, you represent and warrant that: a) all information you submit is accurate and truthful; b) you have permission to submit Payment Information where permission may be required; and c) you will keep this information accurate and up to date.
    11.4 We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Yebi Health immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. In the event that an unauthorised provision commences prior to you notifying us of the unauthorised nature of the order or payment, Yebi Health accepts no liability.
  12. Use of the Website
    12.1 When using the website and our service, you shall act in accordance with the following rules:
    a) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
    b) It is advised that submissions are made using the English language;
    c) You must be polite to our staff and other users should you ever contact them. You shall not use any swear word or make any racist, sexist, threatening words towards them;
    d) You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without our prior written consent; e) You must not use our site or services available on it for illegal activities;
    f) Any attempts to publish or send malicious content through spyware and viruses or other similar things, with the intent to compromise another member’s account or computer environment is strictly prohibited;
    g) You may not create a false identity on https://yebihealth.co.tz, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your name, address etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful;
    h) You must not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content.
    12.2 You accept that https://yebihealth.co.tz may retain copies of any and all communications made to us. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information as required by law. After the termination of your agreement with us or inactive account for 12 months, we will delete this communication.
  13. Termination and Cancellation
    13.1 We may terminate your transaction if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to cancel/cease orders or transactions at our sole discretion if we believe there has been an issue of fraud, misuse of our website or if the products ordered is no longer in stock or has been discontinued. We shall immediately notify you of this cancellation and provide you with the next course of action.
    14.1 Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
    14.2 We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.
    14.3 If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, fire, earthquake, strike, state of emergency and other things beyond our control), we will not be liable for this.
  15. Disclaimers
    15.1 We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    15.2 Yebi Health makes no claims or promises with respect to any third party, such as the sellers on our site. Accordingly, Yebi Health will not be liable to you for any loss or damage that might arise from their actions or omissions. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
    15.3 Yebi Health expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by sellers listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    15.4 Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
    15.5 Third-party websites with links from the Site have not been verified or reviewed by https://yebihealth.co.tz and use and access of such third-party websites is made at your own risk.
    15.6 Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to or use of our site.
    15.7 We disclaim liability for any (i) loss of profits, (ii) business interruption, (iii) reputational harm, or (iv) loss of information or data.
    15.8 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We and the sellers on our website reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the website is inaccurate at any time without prior notice (including after you have submitted your order). If you believe any quote, pricing or shipping charge is inaccurate on any product or service listed on our site by a seller, kindly contact us on the contact details provided on our site.
  16. Modification of Service and these Terms and Conditions
    16.1 https://yebihealth.co.tz reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. We shall provide you with reasonable notice if we make any change to this agreement except where we are required by law to effect such change immediately or where there are reasonable reasons to make such changes e.g. in the cases of fraud, defective products and other reasons as we may see fit. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
  17. Limitation of Liability
    17.1 To the maximum extent permitted by law, https://yebihealth.co.tz accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website, and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website or application or any third-party services, resulting from external causes including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    17.2 Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
    a) any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
    b) the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
    c) any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from Yebi Health or its licensees.
    d) any incorrect or sub-standard product or service provided by a seller on the site
    17.3 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
  18. Indemnification
    18.1 You agree to defend, indemnify and hold harmless Yebi Health, its employees, directors, shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
    a) your use of and access to our site and Services, including any order made from sellers on the site;
    b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
    c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
    d) your violation of any applicable law, rule or regulation;
    e) any fraudulent behaviour, wilful misconduct or gross negligence;
  19. No Waiver
    19.1 Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
  20. Severability
    20.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
    21.1 Any dispute between users and Yebi Health arising from this Agreement shall be resolved through mediation if not resolved informally by the parties within 30 days of the dispute arising. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon by the parties. The cost of mediation and arbitration shall be borne by the party bringing the dispute or claim.
    21.2 We encourage users (buyers and sellers) to try to settle conflicts amongst themselves. If for any reason this fails, please feel free to contact us on the contact details provided on our website. We would endeavour to assist the users in coming to an agreement, however if you are not satisfied with the outcome, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon by the parties. Any such arbitration fees shall be borne by you the users equally or as the parties may agree.
  22. Previous Terms and Conditions
    22.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  23. Third Party Rights
    23.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Yebi Health.
  24. Law and Jurisdiction
    24.1 These Terms and Conditions and the relationship between you and Yebi Health shall be governed by and construed in accordance with the laws of Tanzania and you agree to submit to the exclusive jurisdiction/courts of Tanzania.
  25. Entire Agreement
    25.1 These Terms, the Privacy Policy, refund policy and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and Yebi Health.
  26. Information About Our Use of Cookies
    26.1 We may use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website. Some cookies are required to enjoy and use the full functionality of this website. We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options. Yebi Health uses cookies to help us identify and track visitors, their usage of https://yebihealth.co.tz and their website access preferences. https://yebihealth.co.tz visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features of https://yebihealth.co.tz may not function properly without the aid of cookies. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to our use of cookies. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies.
  27. How to Contact Us
    27.1 If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this website https://yebihealth.co.tz.