Kenko Health Terms of Use

Welcome to our website

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY

1. WHAT’S IN THESE TERMS?
   1. These Terms of Use set out the rules for using our site www.kenko-health.com in any way.
2. WHO WE ARE AND HOW TO CONTACT US
   1. www.kenko-health.com is a site operated by Kenko Health Ltd trading as Kenko Health. Kenko Health Ltd is registered in Ireland under company number 784912 with a registered office at
      Tomcoole Barntown,
      Wexford,
      Y35FT52, Ireland.
   2. To contact us, please email support@kenko-health.com
3. BY USING OUR SITE YOU ACCEPT THESE TERMS
   1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. We recommend you save these Terms and Conditions for future reference. By using the Site, by clicking to accept or agree to these Terms when this option is made available to you, or by placing an order for products or services through the Site, you accept and agree to be bound and abide by these Terms
   2. If you do not agree to these terms, you must not use our site.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4. These terms of use refer to the following additional terms, which also apply to your use of our site:
   1. Our Privacy Policy. See further under ‘How we may use your personal information.
   2. Refunds and Returns Policy.
   1. If you purchase goods or services from our site, our Terms and Conditions of Supply will apply to the sales of those goods or services.
5. WE MAY MAKE CHANGES TO THESE TERMS
   1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
6. WE MAY MAKE CHANGES TO OUR SITE
   1. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
7. WE MAY SUSPEND OUR SITE
   1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension.
   2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
   3. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
8. YOU MUST KEEP YOUR RIGHT TO PRACTICE, INSURANCE UP TO DATE AND ACCOUNT DETAILS SAFE
   1. Most jurisdictions require that Providers making recommendations to patients on health-related matters have an appropriate license to offer those recommendations. Regulating entities with jurisdiction over Providers may also require that certain ethical standards be followed. You may also be required to make certain disclosures to patients or be limited in your ability to charge patients more than the manufacturer’s suggested retail price (MSRP) for products, including products you order from the Site. You agree to act in accordance with all licensing and ethical standards applicable to you as a Provider.
   2. You – and not Kenko Health – are solely responsible for all your compliance obligations. We do not offer any advice about potentially applicable laws or compliance with them. We also do not express any opinions about whether the products are appropriate for patients
   3. To use the Site to place product or service orders for patients, you, as a Provider must have – and you represent and warrant that you are duly licensed and insured and authorised to practice by the applicable government authorities or regulatory agencies applicable to you and your provision of Medical Services. By placing any order through the Site, you, as a Provider, certify that you are licensed to provide Medical Services and order lab testing in your country. To confirm this, we may ask you for various information needed to verify your identity and qualifications to provide Medical Services (or order lab testing). This may include requirements for you to provide us with your certification, documents confirming your education and training, licenses, or specialty certificates, etc.
   4. 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.
   5. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
   6. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@kenko-health.com.
9. HOW YOU MAY USE MATERIAL ON OUR SITE
   1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it (other than where stated otherwise). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. 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.
   3. 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.
   4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
   5. 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.
   6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. RELY ON INFORMATION ON THIS SITE AT YOUR OWN DISCRETION
    1. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
    2. The content on our site is provided for general information only and is not considered medical advice. 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.
    3. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date.
    4. We offer no medical or health related advice to patients, this responsibility falls on the provider.
11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
    1. Our website includes content copied from third parties with authorisation. We are not responsible for any such content. If you come across any content which offends you, please contact us via the "contact us" page on our website or email support@kenko-health.com.
    2. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12. Whether you are a consumer or a business user:
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.
    2. We will not be liable to you 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:
    3. use of, or inability to use our site; or
    4. use of or reliance on any content displayed on our site
    5. In particular, we will not be liable for:
    6. business interruption;
    7. loss of anticipated savings;
    8. loss of business opportunity, goodwill or reputation; or
    9. any indirect or consequential loss or damage.
13. If you are a business user:
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
14. We will not be liable to you 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
    1. use of, or inability to use our site; or
    2. use of or reliance on any content displayed on our site
15. In particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.
16. If you are a consumer user:
    1. 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.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will only use your personal information as set out in our Privacy Policy.
18. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
    1. Although we have strict measures in place to secure our site, we do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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.
19. RULES ABOUT LINKING TO OUR SITE
    1. You may link to our home page at www.kenko-health.com provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Deep linking (i.e. links to specific pages within the site) requires our express permission and you can request that at support@kenko-health.com. We reserve the right to withdraw linking permission without notice.
    2. 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.
20. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
    1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.
    2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
21. FOREIGN TAXES AND DUTIES
    1. If you are not in the UK or EU, we have no knowledge of, and no responsibility for, the laws in your country
    2. You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
22. INTELLECTUAL PROPERTY
    1. We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
    2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
    3. You may not use our name or copy or display our logos or trademarks or any other content on any website of yours or that of any other person without prior written permission.
    4. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any content, written or in graphical form, of this website.
23. DISPUTE RESOLUTION
    1. If you are not happy with our services or have any complaint, then you must tell us by email message to support@kenko-health.com or write a letter to one of our corporate addresses found on our website
    2. If you become aware of any breach of any term of this agreement by any person, please tell us by emailing support@kenko-health.com. We welcome your input but do not guarantee to agree with your judgement.
ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY KENKO HEALTH IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY KENKO HEALTH IS SOLELY AT YOUR OWN RISK