Introduction
These Terms of Service ("Agreement") are a contract between you and Agripsych Beam Limited
to govern your use of e-/teletherapy and physical psychotherapy provided by the Agripsych
Beam Limited team, (hereinafter collectively the "Service"), your rights and obligations with
respect to User Data that you place in the Service, as well as your creation of an account by
opting in and registration to give you access to the Service, (hereinafter an "Account") for use in
connection with the Service.
Definitions for purposes of this Agreement
"Website" means the websites, software and services available from the domain and subdomains of Agripsych Beam Limited and any related or successor domains/ platforms/
suppliers/ partners from which Agripsych Beam Limited may offer services. "User Data" means
any data that you upload or submit to the Servers, Website, or other areas of the Service,
including but not limited to Protected Health Information as that term is defined below;
"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress,
publicity rights, database rights, patent rights, and other intellectual property rights or
proprietary rights recognized by law.
Verification for Agripsych Beam Limited
By opting in and accepting this agreement in connection with an Account, you represent that
you are at least 18 years of age, or the legal age of majority and have the legal authority to
enter into this agreement. You further agree that as a condition to accessing therapy, you will
submit to account verification as required by Agripsych Beam Limited as well as provide only
true and accurate information to Agripsych Beam Limited or its partners/ service providers.
Establishing an Account
You must establish an Account with Agripsych Beam Limited to use the Service by either dialing
the USSD code provided or manual registration. You must be 18 years of age to establish an
account. You agree to provide accurate, current and complete information about yourself as
prompted by the registration/ assessment form also known as the Registration Data.
Responsibility for Use of Account
You are responsible for your account. Agripsych Beam Limited will use the account to send you
psychotherapy calls, communication or other listed uses in this agreement as needed.
Fees and Billing
Agripsych Beam Limited provides both paid for and probono services. For the paid service,
please ensure that your payment instruments are ready and in place during the psychotherapy
session.
Modification of Service.
Agripsych Beam Limited reserves the right to modify or eliminate aspect(s), features or
functionality of the Service from time to time for the purposes of compliance with applicable
laws and regulations, to effect improvements in security and functionality, to correct errors, or
for other commercially reasonable purposes.
Protected Health Information, User Data and Use of Your Information
Agripsych Beam Limited will ensure your data is protected. Privacy and confidentiality will be
adhered to with the information you have provided and will make commercially reasonable
efforts to maintain the Service in a manner that includes appropriate administrative, technical
and physical security measures designed to protect the confidentiality, availability and integrity
of the process. The laws of Kenya, the country in which Agripsych Beam Limited is registered
will guide our operations.
Acts of Omissions of Referred Third Party/ Partners
The Service may contain links or direction to other third parties such as level five hospitals near
you among others that are not owned or controlled by Agripsych Beam Limited. You agree that
Agripsych Beam Limited is not responsible or liable for the content, policies, or practices of any
third parties. Please consult any applicable terms of use and privacy policies provided by the
third party in such case
Your Rights and Obligations with Respect to Your Data
You authorize Agripsych Beam Limited to use your Data/ information in the
manner contemplated by the Service and this Agreement. You agree that by uploading or
submitting any content which includes audios, pictures, psychotherapy session content, videos
or any other material which may be physically or through the Servers, Website, or other areas
of the Service, you hereby automatically grant Agripsych Beam Limited a
non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use,
reproduce, distribute, prepare derivative works of, and display the User Data. You agree that
the license includes the right to copy, analyze and use any of your User Data as Psychwell
Essence Limited and Foundation may deem necessary or desirable for purposes of debugging,
testing, presentations, research, professional consultation, investment discussions, providing
support or development services in connection with the Service and future improvements to
the Service.
Interruption of Service
Agripsych Beam Limited may on occasion need to interrupt the Service with
or without prior notice to protect the integrity or functionality of the Service. You agree that
Agripsych Beam Limited will not be liable for any interruption of the Service
(whether intentional or not). You agree that in the event of loss of any User Data, we will not be
liable for any purported damage or harm arising therefrom.
Intellectual Property Rights
Agripsych Beam Limited owns Intellectual Property Rights in and to the
Service such as the Software, the Websites and the Servers, service marks, trade names, logos,
domain names, tag lines.
Agripsych Beam Limited hereby grants rights to access and use the Service as
set forth in these Terms of Service and expressly conditioned upon your Account remaining
active and in full compliance with these Terms of Service.
You agree that you will not:
(i). Allow any person or entity not authorized by Agripsych Beam Limited to
access the service.
(ii). Attempt to copy any ideas, features, functions or graphics contained in the Service.
(iii). Attempt to translate or modify all or any part of the Service.
Your Obligations
You agree that you will not upload, publish, or submit to any part of the Service any User Data
that is protected by the license rights and you agree that Psychwell Essence
Foundation will have no liability for, and you agree to defend, indemnify, and hold Psychwell
Essence Limited and Foundation harmless for, any claims, losses or damages arising out of or in
connection with your use of any User Data.
Indemnification
You agree to defend, indemnify and hold harmless Agripsych Beam Limited ,
its officers, directors, shareholders, employees, subsidiaries, and agents from all damages,
liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising
from:
(i) Any breach or alleged breach by you of this Agreement, including without limitation
your representations and warranties relating to your Data.
(ii) Your acts, omissions or use of the Service, including without limitation your
negligent, willful or illegal conduct. We reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate with our defense of such claim.
Legal Relationship Between You and Agripsych Beam Limited ; No Third
Party Beneficiaries
You acknowledge that your participation in the Service, including your creation or uploading of
Content in the Service, does not make you an Agripsych Beam Limited
employee and that you do not expect to be, and will not be compensated by Psychwell Essence
Limited and Foundation for such activities, and you will make no claim inconsistent with these
acknowledgments.
Termination of Accounts
You may terminate this Agreement by closing your Account or unsubscribing from the service at
any time for any reason.
Dispute Resolution and Arbitration
In the event of a dispute between you and Agripsych Beam Limited , the
dispute shall be referred to arbitration by a single arbitrator to be appointed by agreement
between the parties or in default of such agreement within 14 days of the notification of a
dispute, upon the application of either party, the arbitrator shall be appointed by the Chairman
for the time being of the Kenya Branch of the Chartered Institute of Arbitrators of the United
Kingdom. To the extent permissible by law, the determination of the Arbitrator shall be final
conclusive and binding upon the parties.
Data Protection
In respect of information supplied by Agripsych Beam Limited , the Recipient
shall:
a). Retain the information only for as long as is reasonably required to achieve the Permitted
Purposes.
b). Take all appropriate measures against unauthorised or unlawful access to the service and
all rights that belong to Agripsych Beam Limited .
c). Not disclose or transfer any information to any third party without Psychwell Essence
Limited and Foundation prior consent.
d). Not publish, transfer, distribute, sell, sub-license or otherwise part with the confidential
information, or permit any third party to use or exploit the Psychwell Essence
Foundation information without express consent from Psychwell Essence
Foundation.
e). Promptly inform Agripsych Beam Limited of any complaints.
f). Respond to queries, complaints and other correspondence with any Regulatory Body in
relation to the processing of personal information only after consultation with Psychwell
Essence Limited and Foundation.
Agripsych Beam Limited will ensure that the recipient of the service is
protected by:
i. Ensure compliance with data protection regulation.
ii. Ensure compliance with the data storage, retention and other security
measures referred to in this clause.
iii. Promptly amend, update, delete or supplement information for the
benefit of the recipient.
iv. Use the recipient’s information as stipulated in this agreement.
v. Ensure there is data privacy and confidentiality for the information
provided.
Notices
Agripsych Beam Limited may provide notice to you and obtain consent from
you through:
1. The USSD platform.
2. Mobile calls or messaging.
3. The Agripsych Beam Limited website.
4. Electronic mail at the electronic mail address associated with your Account.
5. Written postal mail.
6. Authorized Agripsych Beam Limited representatives.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties hereto concerning the
subject matter hereof and supersedes any prior or contemporaneous agreements and
understandings concerning the subject matter hereof.
Commencement
The terms and conditions under this Agreement shall commence from the first engagement of
the parties whether physically or virtually/ electronically