Terms and conditions of use
This User Agreement governs the terms under which you may use KimboCare Services (collectively the "Service"), and access and use KimboCare Websites (for purposes of this User Agreement, "Websites" includes our desktop website, our mobile websites, and our mobile applications) and the services associated with it (the “User Agreement” or the “Agreement”).
The Service is intended to allow Users to buy prepaid Medical Services around the world in the form of Health Credits and to send it to the Person of their choice. We recommend that Senders use the Service only to purchase Health Credits to people they know personally, such as family and friends, or a Person recommended and certified by KimboCare as a trustworthy Recipient.By accessing and using the Service, you are agreeing to this User Agreement.
As used throughout this User Agreement, the terms "we", "us", and "our" refer to KimboCare, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms "you" and "your" refer to someone who accesses and uses the Services provided by KimboCare ("Users").
- KimboCare services
1.1 Access and Use.
Subject to and conditioned on User’s compliance with the terms and conditions of this Agreement, KimboCare hereby grants you a limited, revocable, non-exclusive right and license to access the Services made available on the Website, along with any other content and services made available thereon, solely for (a) your personal use in connection with planning needs, or (b) any other purpose clearly stated on the Website or in this User Agreement, all in accordance with this User Agreement or as otherwise authorised by KimboCare in writing.
1.2 Registration and Account Information.
You will be required to register with an Account or Profile in order to access or purchase the Service or to access certain content offered on the Website. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. You shall ensure and are responsible that all information related to you, or to the Recipient, including its first and last names, are accurate and correspond to the information indicated in its identification documents (such as its passeports, national ID or driver licence).
It is your sole responsibility to keep your User name, password and other sensitive information confidential. If you become aware of any unauthorised use of your Account or any other breach of security, you shall notify KimboCare immediately. You are responsible for maintaining the security of your Account and password. KimboCare cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have accessed the Website through your Account).
As part of the rights granted to you hereunder, you may invite friends to register for the Website, import your contacts and authorised that such contacts be contacted by KimboCare for registration on the Website, or create accounts for your contacts to access the Website and certain features thereof. All such persons shall be considered as Users of the Website and subject to this User Agreement.
This Website is intended solely for Users who are 13 years of age or older and it is a violation of this User Agreement for anyone under the age of 13 to register for the Website. You represent and warrant that you are 13 years old or older. Your Account or your Profile may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Website and post content thereto.
1.3 Changes to the Services.
KimboCare reserves the right, with or without prior notice, to do any one or more of the following: (i) discontinue the Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any User from making or completing any or all Transaction(s); and (iv) refuse to provide any User with any Service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
1.4 Medical Services.
All of the Medical Service Providers who deliver Medical Services through the Website are independent professionals solely responsible for the services they perform for Recipients. KimboCare is not a Medical Service Provider, is not directly or indirectly engaged in the practice of medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Medical Service Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Medical Service provided by Medical Service Providers is not under any control of KimboCare, nor is it provided to or used by KimboCare in any form. Neither KimboCare nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice, recommendation or act you obtain from a Medical Service Provider.
1.5 Medical Service Providers.
The Sender is responsible for the selection of Medical Service Provider and KimboCare shall not be held responsible or liable for the selection of such Medical Service Provider. Our Website may include listings and directories to help you find trustworthy Medical Service Providers that participate in our Services. Such information is provided for your convenience only and shall not constitute a recommendation or endorsement of any health care service. Medical Service Provider lists and directories are not comprehensive but represent providers who have been selected by KimboCare to deliver Medical Services. The Service may permit you to request a Medical Service, however, Medical Service Providers are responsible for maintaining their own schedules, and we cannot ensure that any given Medical Service Provider will be available, nor confirm the opening hours at the time of the activation of the Health Credits. Users should directly confirm hours of operation and location with the Medical Service Provider.
- Service levels
You agree that KimboCare may from time to time in its sole discretion issue updates or upgrades to the Website, and may automatically update or upgrade the version of the Website that you are using on the device(s) upon which the Website has been used or installed, without notice. You consent to such automatic updating or upgrading on these devices and agree that the terms and conditions of this User Agreement will apply to all such updates or upgrades.
The inclusion of any product or service on this Website at a particular time does not imply or warrant that such product or service will be available at any time.
- Fees and payment
Fees and payment
If you wish to purchase or subscribe to certain Services made available via the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that all payment information you use, including any credit card information, will be accurate and up to date. KimboCare maintains the right to withhold any payment otherwise due to you and to set off such amount against any amount that you may owe or that is attributable to your use of inaccurate or fraudulent payment information, and you will remain responsible and liable for any collection costs KimboCare incurs to collect such amounts from you. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from or subscribed to or made available via this Website. By subscribing to a particular Service, you represent that such Service ordered will be used only in a lawful manner.
KimboCare reserves the right to suspend or terminate your use of the Service (and access to your Content and Account) if you fail to pay any fees due in connection with your use of the Service. Any outstanding fees are immediately due and payable upon termination of your use of the Service for any reason.
- Activation of the health credits
Activation of the health credits
Health Credits purchased in the Website need to be activated by the Sender in order to be used by the Recipient. Health Credits can be activated immediately at the time of purchase or can be activated at a chosen time by the Sender. The Recipient has seven (7) days to use the Health Credits sent by the Sender after its activation.Terms and conditions of use.
- Use of the health credits
Use of the health credits
5.1 Choose your Medical Service Providers.
The Sender shall choose among the Medical Service Providers certified by KimboCare and listed on our Website to provide the Medical Service to the beneficiary of its choice. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you should directly confirm hours of operation and location with the Medical Service Provider. After the payment and activation of the Health Credits, the Recipient receives a notification which allows them to go to the Medical Service Provider you have chosen within seven (7) days.
5.2 Verification and Confirmation of the Identity.
Recipients may be required to prove their identity before receiving the Medical Service by presenting authentic, valid, and current identification document(s). In addition, Recipients may be required to provide a proof of the reception of Health Credits through the Website. A photo of the Recipient will be taken by the Medical Service Provider and sent to you as a proof of the identity of the Recipient.The Sender must confirm that the Person in the photo is the Recipient.If KimboCare does not receive a response from the Sender within fifteen (15) minutes, KimboCare cannot be held liable in case of identity theft or fraud.
￼Last but not least, the Recipient will be required to provide consent for its personal and medical data to be communicated by the Medical Provider to KimboCare and processed with the strictest confidence through the KimboCare technology platform. In absence of such consent, treatment will not be delivered.
Additionally, Recipient will be requested to provide consent for its medical data to be communicated by KimboCare to Sender. In absence of such consent, KimboCare will not provide clinical information on the patient journey to Sender.
Sender gives us permission and to the Medical Service Provider to contact the Recipient and store all such data, as necessary to provide the Service. Please verify that the recipient information is correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies.
5.3 Receiving the Health Credits.
After verification of the identity as set forth in Section 5.2, and upon acceptance of the User Agreement, the Recipient can receive the Medical Service. As set forth in Section 1.4, KimboCare does not make any representations or warranties, and should not be held liable with respect to the quality and outcomes of the Medical Services provided by the Medical Service Providers.
You understand that once you create an Account or Profile, you may receive SMS messages, emails and notifications on your Account from KimboCare. These messages could relate to your Account, Profile, Transactions, and promotions that are undertaken by KimboCare. Please note that KimboCare will send these notifications to the registered mobile number, mailbox, or Account indicated in your Profile. It is your responsibility to ensure that you provide the correct contact information. Further, KimboCare will also send notifications for (i) confirming the identity of the Recipient and (ii) for confirming the complete delivery of the Medical Services within three (3) days after the Medical Service has been delivered to the Recipient. It is your responsibility to ensure that you consult such notifications.
- Service restrictions
User shall not, and shall not permit any other Person to, access or use the Service or except as expressly permitted by this User Agreement. Without limiting the foregoing, you shall not, except as this User Agreement expressly permits or where applicable law prohibits such restriction:
6.1 You shall not, and shall not permit any third party to, either (i) take any action or (ii) upload, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Website that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of us or any third party; (v) impersonates any person or entity, including any of our employees or representatives; (vi) includes anyone’s identification documents or sensitive financial information; or (vii) is otherwise determined by us to be inappropriate at our sole discretion.
6.2 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to KimboCare services); (iv) run any form of auto-responder or “spam” on KimboCare services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages associated with KimboCare, or any third party web pages accessed through the Website; (vi) harvest or scrape any Content from the Website; or (vii) otherwise take any action in violation of our guidelines and policies that can be found here: https://kimbocare.com/Terms-of-Use
- Data privacy and security
Data privacy and security
7.1 Data Protection.
7.2 Data Processing through KimboCare Services.
To enable KimboCare to provide User with the included Services, and subject to this User Agreement, User hereby grants to KimboCare a non-exclusive right to use and process data provided by User in connection with KimboCare’s operation of the included Service on User’s behalf.
KimboCare reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this User Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety, or that of our users and the public; This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
7.3 KimboCare owned data.
All data provided to KimboCarethrough the use of the Services is and shall remain KimboCare property.
The Service is a secure and convenient way to send Health Credits to family members and other people that you trust. However, scams and fraudsters are abundant, and you should be cautious of deals or offers that seem too good to be true. We urge you not to send Health Credits to anyone that you do not know personally or that has not been recommended and certified by KimboCare as a trustworthy Recipient. Take care to safeguard your password, do not send or request for others, and use KimboCare for legal purposes only. KimboCare should not be held liable for any loss or damages resulting from the fraudulent access to the User’s Account or Profile. Please let us know immediately if you believe someone is trying to scam or defraud you or if your username or password has been lost or stolen.
KimboCare will comply with all applicable privacy and data security laws and regulations to ensure the protection and security of your data. If you are aware of anyone or any entity that is using the Service inappropriately, please contact us at the email address indicated on our Website.
- Intellectual property
You acknowledge that KimboCare exclusively owns the Service, including but not limited to the content of our Websites, text, graphics, links, buttons, logos, and images, as well as all other patents, copyrights, trademarks, trade secrets, service marks, logos, other materials appearing on the Website (“Content”) and product and service names (the "Intellectual Property").
You agree not to display, use, copy, or modify the Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our Websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our Websites (or printed pages thereof); or (iv) infringe KimboCare's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
The technology and software underlying the Service or distributed in connection therewith are the property of KimboCare, its affiliates and Service Providers, as applicable (the "Software"). Subject to the terms and conditions of this User Agreement, KimboCare hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided in this User Agreement), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in this User Agreement are reserved by KimboCare.
- Liability and warranties
Liability and warranties
9.1 Disclaimers of Warranties
ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT DISPLAYED ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, COMPLETE AND UP-TO DATE, OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER, RECIPIENT OR THIRD PARTY, INCLUDING A MEDICAL SERVICE PROVIDER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
9.2 Risks you assume.
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THIS USER AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY DATA OR INFORMATION YOU SUBMIT TO US AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS AND YOU ASSUME FULL RESPONSIBILITY FOR ANY IMPOSSIBILITY TO USE THE WEBSITES, ANY LOSS OF DATA AND COSTS RELATED TO ANY ASSISTANCE OR REPAIR OF ANY HARDWARE AND/OR SOFTWARE USED BY YOU FOR CONNECTING TO THE WEBSITES.
IF YOU COMMUNICATE WITH US BY USING ANY ELECTRONIC MEANS YOU SHOULD NOTE THAT THE SECURITY OF INTERNET IS UNCERTAIN. BY SENDING SENSITIVE OR CONFIDENTIAL MESSAGES, YOU ACCEPT THE RISKS OF SUCH UNCERTAINTY AND POSSIBLE LACK OF CONFIDENTIALITY OVER THE INTERNET.
9.3 Limitation of Liability.
KimboCare shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this User Agreement, and our liability in these circumstances is limited as set out in the remainder of this section.
In the extent permitted by the applicable law, KimboCare its affiliates, persons who act on our behalf, and/or the persons it enters into contracts with, including the Medical Service Providers, shall not be liable for any of the following types of loss or damage arising under or in relation to this User Agreement whether in contract, tort (including, without limitation, negligence) or otherwise:
any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
any loss or corruption of data; or
any loss or damage whatsoever which does not stem directly from our breach of this User Agreement; or
any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this User Agreement (whether or not you are able to prove such loss or damage); or
any loss or damage which is resulting from the addition, replacement, interruption or discontenting of any or all the functionalities of the Website.
any loss or damage whatsoever which results from the action of any third party, including Medical Service Providers or Recipients.
Nothing in this User Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, willful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.
You agree to indemnify and hold harmless KimboCare, its suppliers, vendors, Medical Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, employees, and consultants from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Websites, your violation of the User Agreement or any law, or your violation of any rights of a third party.
In the extent permitted by the applicable law, any payment made to KimboCare pursuant to this User Agreement shall be non-refundable.￼Health Credit not activated by the Sender, as set forth in Section 4, can be used to purchase a Service listed on our Website. For the avoidance of any doubts, Health Credit that has already been activated are non-refundable and cannot be used to purchase another Service.
- Termination of service
Termination of service
You may stop using the Service at any time by (i) closing your Account, (ii) or by ceasing to use the Service. In such an event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service.
KimboCare reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, the terms of this User Agreement; (b) KimboCare is required to do so under any applicable law, rule or regulation; (c) the Service relies on data, services or another business relationship between KimboCare and a third party service provider, and such relationship terminates or changes in such a way that affects KimboCare's ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on KimboCare as determined by KimboCare in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by KimboCare in its sole discretion.
If your use of the Service is terminated or suspended pursuant to the section above, except to the extent prohibited by any applicable law, rule or regulation, you will have access to your Account and Profile for a period of ten (10) days following such termination or suspension. Fees will continue to be assessed based on your actual use of the Service during such period. Without limiting the foregoing, the rights set forth in this Section are subject to your payment of any outstanding fees due upon and after termination of your use of the Service.
12.2 Effect of Termination.
Upon termination of this Agreement, except as expressly otherwise provided in this Agreement: (i) your right to use the Service, access the Website, and Content will immediately cease; (ii) all Fees, if any, owed by the Sender to KimboCare are immediately due; (iii) The Sender will not be entitled to any refunds of any fees paid prior to the termination of the Agreement.
All provisions of this User Agreement, all of Sender’s payment obligation hereunder, and any other right or obligation of the parties in this Agreement, which by their nature should survive termination, will survive any termination of this Agreement, including without limitation Sections 1, 5, 6, 7, 8, 9, 10, 12.2, 13, 14.
13.1 Acceptance of terms.
By accessing and/or using the Website, you agree to comply with and be bound by this User Agreement. If you disagree with any of the terms of this User Agreement, please refrain from accessing and using the Service or the Website, or from downloading the application, respectively have the application removed from any device where it has been installed.
13.2 Amendment and Modification.
KimboCare may occasionally modify this User Agreement at its entire discretion. KimboCare will use reasonable efforts to notify you by posting the modification on the Website and/or provide you notice of the modification by email. Changes to the terms will be effective at the time of posting. You are responsible for regularly reviewing this User Agreement. By using KimboCare Website, you agree that the posting of new or revised terms or policies on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued access or use of the Website after any such changes or after explicitly accepting the new terms upon logging into the Website shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
- Governing law and jurisdiction
Governing law and jurisdiction
This User Agreement, as well as your use of the Website shall be governed by and construed in accordance with the laws of Switzerland without giving effect to conflicts of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this Agreement is subject to the exclusive jurisdiction of the ordinary courts of the canton of Bern, Switzerland, with the exception of an appeal to the Swiss federal Court.
- Appendix A – Definitions
Appendix A – Definitions
An “Account” means an account through which an User can use the Service and view its Transaction history and Profile information.
A “Health Credit'' is a token bought by the Sender and transferred to the Medical Service Provider through the Service for the payment of a defined Medical Service designated to the Recipient.
A “MedicalService” means medical and health services provided by a Medical Service Provider excluding emergency medical services and care given as out or inpatient, for a sudden, unexpected onset of a medical condition that manifests itself by symptoms of sufficient severity that in the absence of immediate medical attention could be expected to result in the loss of life or aggravation of physiological or psychological illness or injury.
A "Medical Service Provider" is a Person authorized to provide medical, technical or other services designed to diagnosis, treat, aid in the diagnosis and/or treatment of or otherwise impact the health status of an individual, and have signed with KimboCorare an agreement for providing Medical Service to the Recipients through the Service.
A “Person” means (a) any corporation, KimboCare, limited liability KimboCare, partnership, Governmental Authority, joint venture, fund, trust, association, syndicate, organization, or other entity or group of persons, whether incorporated or not, and (b) any individual.
A “Profile” means the information, such as (i) your name, telephone number, email address, password or other data; and (ii) the name, telephone number, email address and other data of the Recipient provided to KimboCare to use the Service.
A "Recipient" is someone for whom a Sender pays Health Credits through the Service.
A "Transaction" is a specific instruction to send Health Credits through the Service for a Medical Service to a Medical Service Provider.
A "Sender" is someone who uses the Service to purchase KimboCare’s Health Credits to enable Recipients to access Medical Services.
A “User” means a Person who accesses and uses the Services under the rights granted pursuant to this Agreement.