Terms of Service
We respect your privacy, and we want you to know why we need certain information from you, what we are doing with it, and how we are keeping it secure.
Baobab Circle provides products and services to help people with chronic illnesses manage their conditions. Our lead service is called Afya Pap.
To provide services like Afya Pap (which, in this Terms of Service, we will refer to as "the Services"), we need a framework designed to safeguard everyone's legitimate interests. In essence, these Registration Terms provide the framework we will refer to as "the Terms". Therefore, you agree to abide by these Terms in completing the registration process.
Afya Pap is owned and operated by Baobab Circle Limited. Our registered number is 08551010, and our registered office is at 20 Air Street, London, UK W1B 5AN. When we use words like "we", "us", and "our" in these Terms, it is Baobab Circle Limited that we are referring to, likewise when we use words like "you" and "your", we are referring to you, whom, we hope, will soon be our registered user.
2. Access to the Services
Our "website" is www.baobabcircle.com. Our apps are Afya Pap, Caregiver, and Afya Pap Medic, available for download from online stores such as Google Play Store and Apple App Store or from secure online links that will share from time to time. Anyone can access our website or download our apps, but you will need to register for the Service to use the functionality we provide fully. If you register, you must do so based on these Terms.
To access our website and apps, you require internet data to do so.
3. Your Registration
To register for Afya Pap service, you need to download the App and fill in the simple registration form by providing your name, mobile number, and date of birth. By registering, you confirm that the information you shared with us is accurate and up-to-date. Giving false information may disqualify you from using the Service.
To complete your registration, you must check the box confirming that you accept these terms of Service, or else your registration will not be successful. It is important to note that you are entering into a contract based on these Terms by checking the box and registering for the Service.
If you register and subsequently decide not to use the Service, there's nothing you are required to do, and if you wish, you can have your registration terminated. However, since you are entering into a contract with us, it would be reasonable to have a good read of these Terms, to make sure you are aware of the position.
You will always be able to find a copy of these Terms on our website, but you might decide to print off a copy for your records. However, if you do, please remember that the Terms might change in the future since we may add functionality or remove functionality from the Service from time to time. If we change the Terms, we will notify you that the Terms have changed, and you will be required to read and accept the updated Terms. If you continue to use the Service after that, you will do so, having accepted the new version of the Terms.
4. Adding or editing your data
To update your personal details, conditions, and therapy information, tap " Profile " on the 'Account' tab on the home page, then tap "Profile' and add or edit your data.
5. Your responsibility
Please bear in mind that to use our Services, you will provide us with information concerning medical conditions from which you or those for whom you are responsible suffer. To deliver the Service to you, we will need to manage and process that information. For GDPR and other Data Privacy laws that govern how information about individuals can be used by organisations such as us, we need your explicit consent to do this. Please give us that permission by checking the relevant boxes when completing the registration process.
Because of legal purposes, children are not capable of entering into contracts. Therefore, generally, our users must be at least 18 years of age, and you confirm that you are and that you are capable of entering into binding contracts. If you are not yet 18 but are 13 years or older, you may have a parent or guardian accept these terms on your behalf. To do this, we will need the name of the parent or guardian in question, their relationship to you and their phone number so that we can send them a link to complete this registration on your behalf. You will not be able to use our Services until your parent or guardian has completed your registration.
If you are above 18 years old (or you are a parent or guardian of a child of 13 years of age or more), you will enter into a contract with us by signing up for this Service. The contract between you and us is indeed binding on both you and us and those who may later inherit the benefit of the contract we have formed. You may not transfer or sell your rights under this contract to anybody else or use it as security for anything. In running our Services, we may, for some reason, have to 'assign' the contract that we've formed with you to another business (for example, as part of a restructure or if another company acquires us).
You can terminate your registration at any time. There is more about this in the Privacy Notice and our FAQs, so please follow the instructions.
We may terminate your account if, at our discretion, we consider it to have become inactive. Generally, this will be where you have not used our Services for over a year or so, but it may be less, and there may be other factors we take into account.
You will pay for our products and services in advance when registering or, having registered, at a later date when you decide that you would like to use one of our products and services for which we charge. You will make payment via mobile money, payment gateways, or credit/debit card as applicable. Only when we have received your payment will you be able to obtain unrestricted access to the product or Service in question. Any reversal of your payment for whatever reason may result in the suspension or termination of the Service to you.
Unless otherwise stated, all fees for our products and services include all applicable taxes, levies, or other governmental charges. Therefore, you are responsible for all such taxes, levies and charges chargeable while purchasing or using our products or services. However, we will also take care of any taxes, levies or charges included in providing the Service.
If you are going to get the best out of our Services, we need you to engage actively and participate in it. Because each person's experience varies due to their circumstances, your results may differ from somebody else who appears superficially to be similar to you. But we can say that the more data we can gather from you, the more accurate our algorithms will be in producing tailored services for you.
In addition to the core functionalities that we provide, our Services also provide a platform via its social media accounts for our users to interact with each other. As far as that is concerned, it is what its users make it. You agree that you will abide by those purposes and will not, under any circumstances, use your registration for actions that do not fall within those core purposes. We may choose to publish Community Rules to govern how you use the interactive services we provide, and should we do so, you also agree to abide by those Community Rules. In particular, you will not use your registration to "troll" our users or for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as "spam". We will terminate your registration immediately if you use the Service (including any associated social media accounts) to troll or distribute spam.
Using our social media accounts and other interactive elements of the Service, you'll have the chance to write text or upload other media. You promise that your content will not be misleading, offensive, obscene, abusive, defamatory, false, deliberately misleading, or otherwise illegal or unlawful. We will call this "Unlawful Content". If you post Unlawful Content, we reserve the right to remove it immediately. If we remove it, we may let you know that we have done this, but we also reserve the right not to, should we consider your post an intentional breach of these Terms. If we do remove your post, we may allow you to explain why you have posted the Unlawful Content. Still, if your explanation is not convincing or you take an unreasonably long time to respond, we may, at our discretion, delete the post permanently and, or terminate your registration.
You may have heard of the term "Intellectual Property". Intellectual property is the term used to describe things that can be owned but are not physical. The intellectual property owner doesn't own something tangible but has the right to control how that intangible thing is applied, hence the term "intellectual property rights". Trademarks, patents and copyright are well-known and commonplace forms of intellectual property, but there are many more. If you use somebody else's intellectual property rights without their permission (which is often referred to as a "licence"), you've "infringed" their rights.
When you post content of whatever nature to the Service or our social media accounts, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to post it. You also confirm that you will not post content that infringes the rights of others, whether users of the Service or not. And by agreeing to these Terms of Service, you indemnify us from what you share on our platform.
When posting content to the Service, where applicable, you give us permission to reuse it on a non-exclusive basis to provide the Service to our users wherever they may be in the world. That licence will enable us without charge to store, use, perform, display, reproduce, modify, distribute or sub-licence that content, as the case may be. Where the intellectual property rights in the content you uploaded belong to somebody else, you confirm that the owner gave you their permission to grant us the same licence to reuse that content as if you owned it.
The content you post may be viewable by other people. You acknowledge that the content you post (and in posting, licence to us) contributes to the revenue we generate from the operation of our Services.
You may revoke the licence you have given us at any time by deleting the content in question or by terminating your registration. Where you do either of those things, content which you uploaded to the Service will be removed from our live Service as soon as possible and from our back-ups over a reasonable time. In addition, we may remove content you have uploaded to associated social media accounts as per the content policies of the social media provider in question. There's more on this in our Privacy Notice.
Where you post content that infringes the intellectual property rights of somebody else or is unlawful for some other reason, we may delete that content immediately should we be contacted by somebody complaining about it. We will contact you to let you know that we've done this (unless we are required not to by law) and you can contact us to explain what's happened or, perhaps, complain about what's happened (if you believe you had the right to use that content or that you believe you actually own it).
Suppose you breach the terms relating to your content either by posting Unlawful Content or by posting content that infringes the intellectual property rights of others. In that case, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash on lawyers, investigators and the like. Consequently, where this happens, you agree to fully compensate us, pound for pound, on demand for any and all such losses, whether in direct expenses or for our loss of time or for other readily quantifiable things. In legalese, you 'indemnify us' and 'will hold us harmless. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you to recover these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).
One final thing on intellectual property rights, as you may own the content you post to the Service, so we own the framework and content that makes up the Service. That includes all the 'copy', the code, the look and feel and the trade marks and graphics, and you can use all of that in making use of your registration in accordance with these Terms, but absolutely no more than that. Please don't try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms.
If you come across any evidence to suggest that anybody else is using the Service in breach of these Terms, please let us know so that we can take action to stop them.
8. Our responsibility
We always keep an eye on how well the functionality we've provided is working. We keep working on new features all the time, and occasionally, we may want to replace older features with new, better ones. We reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this, but from time to time, this might not be possible. For example, if something breaks and it isn't straightforward to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary, or it may be that we withdraw it permanently, and we have the right to decide what's best in the circumstances.
Consumers enjoy protection under various laws in different jurisdictions around the world, and if you're not a health professional, you are likely using the Service as a consumer. Nothing in these Terms is intended to undermine your protection either in Europe or within the other countries where we operate or wherever you happen to be when you access the Service.
Under English law, or other laws of the countries we operate in, it is unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us, so nothing in these Registration Terms should be interpreted as if it is intended to limit or exclude any of this sort of harm, loss or damage. However, please bear in mind that it's essential for you to continue to consult with professional healthcare providers about the management of your condition. Our Services are not a substitute for professional healthcare advice and support. We will do our best to help you manage your condition by continually reviewing and updating the performance of our algorithms. Still, sadly we can't guarantee that even if you remain fully engaged with our services, your condition will improve, and it may worsen. You can read more about the limitations of our products and services in managing specific conditions here.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE SERVICE. HOWEVER, THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance, or the absence of mobile telecommunications signal that means the content is not delivered to your device promptly.
However, we have taken reasonable steps to protect the digital application's availability, security, and integrity, the data and information stored thereon. In the event of unauthorised intrusions or breaches of the security of the application, data, information or any other loss, Baobab Circle shall fully indemnify, defend and hold you harmless, as well as our partners, their employees, agents and/or affiliates from and against, and shall pay any and all losses sustained or incurred by them based upon or relating to any claim, suit or proceeding brought by any of our Third Parties as a result of any failure by Baobab Circle, its employees, agents and/or Subcontractors to comply with the security obligations outlined in this terms relating to protection against fraudulent or other inappropriate or unauthorised use of or access to the application and the data stored therein.
Suppose we make a statement that turns out to be untrue (whether orally or in writing) before your registration. In that case, unless we made that statement fraudulently, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
Finally, in good faith, we rely on our users to post content to our social media accounts. We do not check or endorse any of the posts, so you should always ensure that they are reliable and carry out your checks. If you consider a post made by a user to be unreasonable, misleading or unfair, please get in touch with us at firstname.lastname@example.org, explaining where you found that content and why you feel we should remove it.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
To ensure that our users are satisfied and that the Service is working efficiently, we may review the data you transmit or by any of our other users. However, this does NOT mean that we are under any duty to do this; we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may take steps to remove content from your or other users to our social media accounts if that content contravenes these Terms or if the user posting that content is in breach of these Terms. Likewise, if you see content on those accounts that offend you, please let us know, and we will look into it.
You also need to be aware that viruses can be transmitted via websites and even mobile applications, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE SERVICE OR WHEN FOLLOWING ANY LINKS TO WEBSITES OR MOBILE APPLICATIONS RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you've breached the Terms, that we don't make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
9. This Contract
From time to time, we will give you information relating to your use of the Service. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Notice. We will send this information to you in the form of notifications via the App or the website. We might also send a message to the phone number you have given us when registering (which is why we need you to keep that phone number up-to-date). English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed 'written' for this purpose.
If for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to email@example.com but if you really feel the need, you can send us a letter by post, sent to our registered office (see above).
Information that we send to you or you send to us for contractual reasons we'll call "Notices" for the purposes of these terms. There may be times when we all need to know when such a Notice was received. Therefore, Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up if a Notice is sent in either direction by letter. In that case, that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class post) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and, in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. That could cause a bit of a problem, certainly for us and possibly also for you. So, there will be two consequences in the unlikely event of something like that. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Notice. We have no earlier contractual arrangement or understanding with you of any sort. Therefore, if there is anything that you seek to rely on in creating your registration, please disregard it now because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use the Service, you haven't relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Notice.
We operate in England and other countries; there are laws which give third parties (that is, people who are not 'party' to a contract) certain rights to enforce terms intended to benefit them. Any right of a third party to take action under those laws are excluded. However, there may be other situations where third parties can take action, and we are not permitted to exclude that possibility; such third-party rights remain.
Your contract with us is subject to and governed by English law. Accordingly, any dispute that arises from our relationship with you or your use of the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.
This concludes these Terms, and as soon as you check the 'accept Terms' box and submit your registration to the Service, you will have a binding contract with us.