Welcome to EWK , we are delighted to have you as a user and member of our community.

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Introduction

EWK’S website (www.ewk.com) and its associated services (collectively, the “Service”) are owned and operated by EWK, PO Box 24350 - 00502, Karen, Nairobi, Kenya (collectively with its group companies, affiliates, successors, and assigns, “ewk”, “we,” or “us”).

 

Please read these terms of use (“Terms of Use”) carefully. They define the important terms you will need to know about using our Service. The terms “you” and “yours” refer to the person using the Service. By using the Service, you agree to adhere to these Terms of Use as well as all applicable laws and regulations. Your access and use of the Service constitute your acceptance and agreement to these Terms of Use. If you do not agree, do not use the Service.

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Medical Emergency

If you have a medical emergency, immediately call your doctor, hospital, an ambulance, or an official emergency number.

Service Description

The Service provides individuals with general health and wellness information and facilitates interaction with practitioners. However, ewk does not provide any medical or health advice, care, diagnosis, or treatment. None of the content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

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Privacy

By using the Service, you consent to our processing of your information consistent with our Privacy Policy. Please review the Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

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Eligibility

This Service is intended for use only by persons who are at least 13 years of age; provided that, for an individual who is between the ages of 13 and 18, a parent or legal guardian must accept these Terms of Use on their behalf. If you are under 13 years of age, do not use or access the Service at any time or in any manner.

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Non-Discrimination

EWK does not exclude people or treat them differently because of race, color, national origin, age, disability, or gender.

Accounts and Registration, Security

To access most features of the Service, you must register as a client. When registering, you may be required to provide us with some information about yourself, as further described in our Privacy Policy. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password, if any, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at ewkpsychotherapy@gmail.com

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Limited License and Site Access

We grant you a limited license to access and make personal use of the Service. Except as expressly authorized in these Terms of Use, you may not download (other than for page caching) or modify the Service, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

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Independence of Practitioners

The professionals utilizing or featured on the Service are independent practitioners practicing within independently owned professional practices. EWK does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.

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Intellectual Property Rights

The Service contains proprietary material that is owned, controlled, or licensed by ewk and protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, retransmit, or reverse engineer any part of the Service without EWK’s express prior written consent.

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Our Right to Use User-Provided Contents

We may permit you to post or submit content and other materials through the Service (“User-Provided Content”). By posting or submitting User-Provided Content, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium, for the purpose of providing the Service to you. You also grant us the right to identify you as the author of any User-Provided Content submitted by you.

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Notice and Procedure for Making Claims of IP Infringement

EWK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please notify us at ewkpsychotherapy@gmail.com

Prohibited Use

You are prohibited from using the Service for any unlawful, unauthorized, fraudulent, or malicious purpose, or any purpose that could damage, disable, overburden, or impair any server or network connected to the Service, among other prohibited uses.

Right to Monitor

EWK reserves the right to monitor use of the Service and to remove any materials that ewk, in its sole discretion, believes are inappropriate, illegal, or violate these Terms of Use.

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Third-Party Contents and Interactions

EWK does not endorse or recommend any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by practitioners. Links to third-party websites on the Service are for convenience only, and ewk is not responsible for the content or availability of such websites.

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Payments

To the extent that you purchase specific services or products via the Service, including without limitation payments to Practitioners, then processing services for such payments on the Service are provided by M-Pesa, which includes their Terms of Service (collectively, the “M-Pesa Services Agreement”). By agreeing to these terms you agree to be bound by the M-Pesa Services Agreement, as the same may be modified by M-Pesa from time to time. As a condition of the Service enabling payment processing services through M-Pesa, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by M-Pesa.

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Termination

EWK reserves the right to terminate your access to the Service or any part thereof immediately and without notice if you violate these Terms of Use. Upon termination, you must cease all use of the Service and destroy any materials obtained from the Service. Provisions regarding confidentiality, intellectual property rights, limitations of liability, and dispute resolution shall survive termination. You agree that if your access is terminated, you will not attempt to use the Service under any circumstances, and you indemnify EWK from any liability arising from such prohibited use.

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Modifications

For EWK's website, it is continually evolving, and EWK reserves the right to modify or remove any part of these Terms of Use at any time without prior notice (though EWK will strive to notify you of significant changes). Any revisions are effective immediately upon being posted on the EWK website. By continuing to use the EWK website after such changes, you agree to abide by the updated Terms of Use. If you do not agree with any modifications, your sole recourse is to discontinue using the EWK website.

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Disclaimers and Limitation of Liability

The Service is provided on an “as is” and “as available” basis. EWK makes no warranty that the Service will be accurate, timely, uninterrupted, virus-free, or error-free. In no event shall EWK be liable for any damages resulting from the use of or inability to use the Service.

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Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless EWK, its affiliates, contractors, directors, officers, employees, representatives, partners, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your unauthorized use of the EWK website, any fraudulent activities, violations of law, willful misconduct, or breach of these Terms of Use.

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Notices and Electronic Communications.

Any notices to you from EWK regarding the Service or these Terms of Use will be made by email or regular mail.

When you visit the Service or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Service (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications by emailing us at ewkpsychotherapy@gmail.com

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Entire Agreement, Governing Law, Venue, Severability

These Terms of Use and other policies EWK may post on the Service or that you and EWK may execute constitute the entire agreement between EWK and you in connection with your use of the Service and supersedes any prior agreements between EWK and you regarding use of the Service, including prior versions of these Terms of Use.

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The Service is controlled and operated by EWK from our offices in Nairobi, Kenya. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

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By choosing to visit the Service, you agree that any dispute over your use of the Service or these Terms of Use will be governed by the laws of Nairobi County and Kenya, without regard to any conflicts of law provisions. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

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All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

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No Agency Relationship

These Terms of Use, along with any Content, materials, or features of the Service, do not establish a partnership, joint venture, employment, or agency relationship between you and EWK. You are not authorized to enter into contracts on behalf of EWK or bind EWK in any manner.

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Assignment

You are not permitted to assign any of your rights under these Terms of Use, and any attempt to do so will be deemed null and void.

EWK reserves the right to transfer, without additional consent or notice, all contractual rights and obligations under these Terms of Use if EWK's business is transferred to another entity through merger, asset sale, or any other means deemed appropriate.

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Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at ewkpsychotherapy@gmail.com  We aim to address your inquiries or concerns promptly upon receipt.