TERMS & CONDITIONS
- What these terms cover
- These are the terms and conditions on which we supply the following:
- HIV Testing;
- Clinical Support & Advice (Teleconsultation); and
- Clinical Treatments (together, the “Services”).
- Please note: Our clinical support and advice (teleconsultation) services should not be used in an emergency. Instead, call 193 or the emergency services immediately.
- These are the terms and conditions on which we supply the following:
- Information about us and how to contact us
Who we are: Self-Test Ghana, commissioned by the Global Fund on behalf of the National AIDS Control Programme, is a collaborative project between SH:24 and the Ghana-West Africa Programme to Combat AIDS and STI (WAPCAS). SH:24 is a limited company incorporated and registered in England and Wales and is registered as a community interest company, regulated by the CIC Regulator and by Companies House. SH:24’s company registration number is 08737119 and their registered office is at 35a Westminster Bridge Road, London, SE1 7JB. WAPCAS is a non-profit Civil Society Organisation and is legally registered with the Registrar General’s Department. Their registered office is at 96 Obenesu Crescent, Accra, Ghana.
- Who you are: You are the person accessing our Services in accordance with these terms for yourself and not any other person or party.
- You confirm that you have the right, authority and capacity to enter into these terms. If you do not agree with all the provisions of these terms, do not access our Services.
- How to contact us: You can contact us by telephoning us at (+233) 303960212 or by writing to us at firstname.lastname@example.org
- How we may contact you: If we have to contact you we will do so by text message, telephone or email or by writing to the postal address you provided to us in your request for Services.
- You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivery to you any notice you are entitled to, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
- You have accessed these terms and in so doing you agree to the terms and in particular, you agree as follows:
- Your cancellation rights: That when you make a request to use our Services you are making an express request to receive services from us and our cancellation terms will apply.
- The limits of our liability: That you understand the way in which we limit our liability to you for the Services as set out below.
- Our termination rights: That you understand that we reserve the right not to provide the Services if we reasonably conclude that you have breached these terms and conditions in accordance with clause 5.
- Why you should read them
- Please read these terms carefully before you submit your request for Services to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- You can access these terms at any time at self-test.hiv. We reserve the right to update these terms from time to time by posting the updated version on our website. We may do so because we change the nature of our products or Services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you will immediately stop accessing and/or using the Service and our contract with you will terminate. If you carry on using our Services, you will be deemed to have accepted the updated terms.
- Term and Termination
- Subject to this section and clause 6.4, these terms will remain in full force and effect while you use our Services.
- You can always end the contract between you and us as set out in these terms by notifying us in writing. If having made a request for our Services you end the contract then our cancellation terms will apply. Please see our cancellation terms in clause 6.5.
- We may suspend or terminate your rights to use the Service at any time and at our sole discretion, including for any of the following reasons:
- our performance of providing the Services is affected by an event outside our control;
- to stop or change the Services to reflect changes in relevant laws and regulatory requirements;
- you have not provided us with valid consent (where required);
- you do not co-operate with us in respect of the Services to be provided to you or if you do not comply with these terms or do not agree to any change in our terms.
- If we decide to terminate the contract in accordance with clause 5.3 then we will be entitled to retain fees to cover our administrative costs for Services provided up to the date of termination.
- Where reasonably possible, we will explain to you the action we are taking, when that action takes effect and the reasons for it. When doing so we will also inform you of your right to challenge the action taken through our complaints process.
- Upon termination of your rights under these terms, your right to request the Services will terminate immediately. You understand that any termination may involve deletion of your user content associated with you from our live databases for the purposes of complying with data protection law, provided that we may retain medical records in accordance with law and guidance.
- Orders, Cancellations and Refunds
- Orders: You may request our Services via our platform (Order). To make an Order you will need to:
- Provide us with certain personal information, including but not limited to: date of birth, name, delivery address, mobile number, sexual and medical history;
- Confirm that you agree to these terms; and
- Confirm that you agree to the payment terms and to the payment of the fees which will be notified to you at the time you request to use our Services and as set out in the user journey.
- If applicable to the service requested, you must make an advance payment of 100% of the price of the said service when you make an Order in accordance with these terms. Payment will be made via a third-party payment processor as notified to you whose terms and conditions will apply to this payment. In such cases, we will not confirm your Order or proceed to process your Order until payment has been received.
- Once you have made a request to use our Services and payment has been received, if applicable, we will send you a message confirming your Order.
- If you make an Order by the method as set out in clause 6.2 this will create a legally binding contract between us and the terms as out here will apply to the way we provide these Services to you and what you are required to do under these terms.
- Cancellations: By making an Order you acknowledge that you are making such an express request because we will perform our obligations in providing Services as soon as your request is confirmed and therefore that the terms of this clause 6 apply. Once you make an Order then the refund terms at clause 6.6 will apply.
- Refunds: Subject to clause 6.5 you may be entitled to a refund where you cancel your Order within 2 hours of us confirming your request to use our Services;
- Please note refunds in the circumstances above at 6.6 and others are determined on a case-by-case basis.
- Once our Testing kits or products are opened, you will not be entitled to a refund and you are otherwise subject to our terms relating to refunds and cancellations.
- Where you have made an Order and we have confirmed that you are entitled to a refund in accordance with this clause;
- then we will return the amount you are due not later than 30 days after the day on which we are informed about your decision to cancel this contract; and
- we will make the reimbursement using the same means of payment as you used for the initial transaction, in any event, you will not incur any fees as a result of the reimbursement.
- Orders: You may request our Services via our platform (Order). To make an Order you will need to:
- Clinical Support and Advice Services (Teleconsultation)
- You may request our Clinical Support and Advice Services (Teleconsultation) via our platforms. Once we receive your request for a Teleconsultation, we will arrange an appointment at a time and date of your choosing where available.
- We will perform the Clinical Support and Advice Services with all reasonable skill and care using sexual health specialist medical practitioners working to levels of good clinical practice and qualified to practice in Ghana.
- Our Clinicians may give you a medical diagnosis or recommendation during your Teleconsultation. They may also recommend that you are referred for ongoing services.
Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our Services via self-test.hiv (our site).
This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or to;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- comply with applicable law in Ghana and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person.
- contain any material which is obscene, offensive, hateful or inflammatory.
- promote sexually explicit material.
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- infringe any copyright, database right or trademark of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity.
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- be likely to harass, upset, embarrass, alarm or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- give the impression that they emanate from us, if this is not the case.
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site.
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Terms of website use
Other applicable terms
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
If any third party claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, then we reserve the right to disclose your identity to them. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
Rights you licence
When you upload or post content to our site, you grant the following licences:
- to enable us to use the information and content you provide for the purposes of providing the Services, and;
- to enable us to pass on that information and/or content to others for the purposes of enabling us to provide the Services (such as processing the results of tests, and passing the results back to us).
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact us at firstname.lastname@example.org.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email email@example.com