BETWEEN:
The Company which Use Og Health Platform which entered its official details through Og Health Website or/and Mobile Application on Smartphones to join Og Health Services (Referred to hereunder as “Customer”)
– AND –
One Global Limited,
Ntinda Complex, First Floor, Plot 33 Ntinda Road, Kampala – Uganda
BACKGROUND:
A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Services Provided
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the “Services”) as outlined in Schedule A.
2. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for 6 Months from the date of this Agreement.
4.Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
Performance
5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
6. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in UGX (Ugandan shilling).
Compensation
7. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider as outlined in Schedule B.
8. The Compensation will be payable upon signing of this Agreement and in advance of any of the Services being provided to the Customer.
9. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Customer in addition to the Compensation.
Ownership of Materials and Intellectual Property
10. All intellectual property and related material (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non-exclusive limited-use license of this Intellectual Property.
11. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Service Provider.
Privacy of Information
12. The Customer acknowledges and agrees that individual employee wellness screening information, results of this screening information, individual questionnaires and all other personal information (collectively “Private Information”) collected by the Service Provider will not be shared with the Customer. The Service Provider may provide the Customer with certain aggregated data/results. Schedule C provides details on the manner which the Service Provider collects, uses, discloses and otherwise manage Private Information.
Capacity/Independent Contractor
13. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Indemnification
14. Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is directly or proximately caused by the negligent or willful acts or omissions of the indemnifying Party or its agents or representatives and which result from or arise out of the indemnifying Party’s participation in this Agreement. This indemnification will survive the termination of this Agreement.
Limitation of Liability
15. It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
Dispute Resolution
16. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.
17. If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of Uganda. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the Republic of Uganda.
Modification of Agreement
18. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence
19. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
20. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
Entire Agreement
21. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this
22.This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Titles/Headings
23. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
24. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
25. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Republic of Uganda, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
26. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
27. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
By clicking the “I agree the T&C” through the website or application, the customer confirms that all the above Terms and Conditions, and the below annexures are well read and accepted.
Organizational Wellness Survey
Service Provider is a medical screening and corporate engagement company with a customized approach and digitally driven solutions. Individual Health Report screenings guide employees in understanding their health and empowering them to take action.
Organizational Wellness Survey
The Organizational Wellness Survey has been created to provide a truly unique assessment. Your assessment includes the option to customize your survey by including additional questions relevant to your company.
The accuracy of the report is based on the number of participants. It is highly recommended to add more than 20 participants for the Organizational Wellness Survey.
Additional Text: It is applicable only by direct contacting with the Service provider for additional requests, it may incur applicable costs hence it is an additional service.
Key elements addressed in the online survey include:
Your employees will receive:
Your company will receive:
Organizational Wellness Survey Payment Term and Pricing Policy
1. Customer shall pay Service Provider’s compensation amount in full upon signing this agreement for the services provided by the Service provider, in any form used in the ordinary course of business at the place for payment. Such payment shall be transferred to the Service Provider’s bank account mentioned as the below;
Bank Account info:
| Bank Name | : EQUITY BANK (U) LTD |
| Branch Name | : NAKULABYE BRANCH |
| Account Name | : ONE GLOBAL LTD |
| Account Number | : 1039200668396 |
| Bank Address | : P. O. BOX 10184 |
| SWIFT Code | : EQBLUGKA |
| Currency | : US DOLLAR (USD) |
2. Failure by Customer to have the payment executed upon signing, for the agreed upon services, shall be deemed as a material breach of this Agreement.
PRIVACY AND SECURITY
Service Provider is committed to maintaining the confidentiality of information that has been provided to us by our users and others. This Privacy Policy has been prepared to confirm such commitment and to assist you in understanding the type of Personal Information that we may collect from you and others, how we may use the Personal Information, to whom may disclose it, and how we safeguard that Personal Information and your privacy. We are committed to collecting, using and disclosing Personal Information in a responsible manner, and only to the extent necessary for the services we provide. This Privacy Policy has been developed to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Service Provider has a mandate to provide you, our valued customer, with an unparalleled level of personal service. Our corporate culture demands transparency, integrity, accountability, and sincerity, in all our dealings with you. We leverage our strengths across all of our operations, alliances, and in our negotiated relationships with various third-parties to provide you with outstanding services and great value for money. Service Provider is responsible for all Personal Information in our possession, and in the possession of our third-party providers. We take this responsibility very much to heart. Our operations and those of our third-party providers are subject to the privacy policy and practices that are both an expectation and legally required in Uganda.
Providing the ultimate consumer experience that constantly exceeds our customers’ expectations, while at the same time ensuring stringent privacy policy and practices are in place, is our mandate at all times. Service Provider meets and exceeds all required privacy and confidentiality standards in Uganda. Service Provider is committed to protecting your Personal Information, including Personal Health Information.
As our customer, we can serve you better when we have a complete understanding of your healthcare needs. We can then offer you unparalleled services tailored to meet those requirements in the most economical way. Managing the Personal Information you provide to us as part of that process is fundamental to our successful operations. Our ability to cement a long term relationship with you is as much dependent on both our effective management and stewardship of the Personal Information you provide us, as it is in the quality of services we return to you. Service Provider will always protect your Personal Information in the most professional manner.
Service Provider strives to ensure our relationship with you is a long term one because it is a successful one with mutual benefit. Having comprehensive knowledge of your healthcare needs is critical to the success of our relationship. Our obligation to protect the confidentiality of your Personal Information is critical to both of us. Service Provider will always protect your privacy. Whether you are an existing customer or considering a relationship with us, you should always be concerned about how organizations may collect, use and disclose information about you.
COLLECTION, USE, DISCLOSURE AND SECURITY OF YOUR PERSONAL INFORMATION
Personal Information means information about an identifiable individual. Personal Information would include such things as a person’s home address and telephone number, e-mail address, age, gender, race, height and weight, and other medical information, income and activities. Personal Information does not include certain business information, specifically, a person’s title at work, business address and business telephone number or Aggregate Information. Aggregate Information can be defined as information that has been stripped of your registration information (e.g.name and contact information) and combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
Service Provider will always safeguard the privacy of its customers’ Personal Information. You are placing your trust and confidence in us. We have as much a legal and moral obligation to maintain the confidentiality and security of your Personal Information, as we have to provide you with the highest quality healthcare services and products at the lowest cost. We are pleased to share the following principles which reflect our commitment to safeguarding both your Personal Information, and your Personal Health Information.
As outlined, Service Provider will use both the Personal Information and the Personal Health Information we collect to help us provide the products and services you have requested and to maintain and service your accounts. Our protection of your Personal Information extends beyond the period of your customer relationship with us. If your customer relationship with us ends, we will not disclose your Personal Information to non-affiliated third parties, again other than as required by law.
We may share your Personal Information within Service Provider and its affiliated networks and service providers to help us develop more innovative services and to allow our associated companies to inform you about them. Service Provider and its associated companies and service providers offer a wide variety of healthcare services, including some specialty products for special needs situations.
We may share and/or sell Aggregate Information with third parties.
If you provide us personal information about others, or if other give us information about you for the purposes of ordering the service as a gift, we will only use that information for the specific reason for which it was provided to us. Once a gift recipient registers for his or her services and agrees to our Privacy Policy and Terms and Conditions, his or her information will be used consistent with this Privacy Policy and those agreements, and we will not share any of the gift recipient’s personal information with the user who purchased the gift.
In certain circumstances, PIPEDA provides that we may disclose your Personal Information without your consent. Such circumstances include:; where required by law or by order of a court or tribunal; where the information is used for the purposes of collecting a debt owed to Service Provider; where the Personal Information is requested by a government institution to enforce any law; where we believe that the Personal Information relates to a breach in an agreement or contravention of the laws of Uganda, is being or is about to be committed; and in the case of an emergency that threatens the life, health or security of an individual. In such circumstances we will not disclose more information that is reasonably necessary.
You may decide to disclose your Personal Information to friends, family, doctors or other health care professionals, and/or other individuals outside of our services, including third-party services such as social networks and third-party apps that connect to our website and mobile apps through our application programming interface (API). These third parties may use your Personal Information differently than we do under this Privacy and Security Policy. My Health Report will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.
In the event that Service Provider goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, Service Provider users, and therefore their personal information will in most instances be part of the assets transferred. If as a result of a business transaction, the users’ personal information will be used in a manner different from that stated at the time of collection, they will be given a choice not to have their information used in this different manner. We are committed to protecting your privacy.
SPAM POLICY
Service Provider does not permit users to abuse the services by sending unsolicited commercial faxes or by placing an unreasonable or disproportionate strain on the system. Service Provider reserves the right to employ any available means to prevent “junk faxes”.
LOG INFORMATION
Service Provider servers may track usage of our services through log files. We use this information in order to analyze trends and gather demographic information (including IP addresses, browser type) that is not personally identifiable.
REGISTERING FOR AN ACCOUNT
By registering for an account, you are agreeing that we may send you educational and promotional emails about our services. You can opt-out of receiving certain messages or notifications from us by clicking the “unsubscribe” button at the bottom of the email communications. Please not that you may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or service-related emails.
THIRD PARTY CONTENT
Service Provider may provide information regarding usage of our website (such as number of times users view advertisements) to third party advertising partners. The information we share with third party advertisers is not personally identifiable.
LINKS
Our website may from time to time, contain links to other websites that may collect your Personal Information. Service Provider does not assume any responsibility for their privacy practices or policies and cannot be held liable for the actions of those third parties. You should review the privacy policy of such parties before providing them with any Personal Information.
RETENTION OF INFORMATION
All Personal Information will be disposed of when it is no longer required to be maintained. It will be disposed of in a manner that is secure and which respects your privacy. When we dispose of client information, including Personal Information, our paper files are shredded and information kept electronically is deleted from our computers and computer network. When we dispose of old computer equipment, we ensure that all information, including Personal Information, is “wiped clean” from such equipment before it is disposed of.
QUESTIONS AND CONCERNS
If you have any questions or concerns with respect to our privacy practices, please do not hesitate to contact us.
Email: info@oghealth.com
Office Number: TollFree 0800100244 / 256392176383
We will Endeavour to answer your question or concerns as quickly and completely as possible.
Service Provider reserves the right to amend this Privacy Policy at any time and from time to time and we encourage you to refer back to this Privacy Policy regularly. Any amendment to this Privacy Policy will apply to the Personal Information collected, used or disclosed from and after the date of such amendment.
