Terms & Conditions
Unauthorized use of the SmartHealth Card System, including but not limited to unauthorized entry into SmartHealth Card System’ systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
Limitation of Liability
To the full extent permissible under Ghana law, AGCircles disclaims all warranties. AGCircles is not responsible for any direct or indirect damages of any kind, including but not limited to any injury, loss, claim, or any special, exemplary, punitive, incidental or consequential damages of any kind, arising from the use of this SmartHealth Card System or the use of any electronic medical record and/or medical billing product, and/or other systems or service introduced by this SmartHealth Card System.
Because of the possibility of human and mechanical error as well as other factors, the SmartHealth Card System (including all information and materials contained on the SmartHealth Card and website) is provided “as is” and “as available”. AGCircles and third party data providers are not providing any warranties and representations regarding the system. AGCircles and third party data providers disclaim all warranties and representations of any kind with regard to the SmartHealth Card System, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, AGCircles will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this SmartHealth Card System, or for the incompatibility between this SmartHealth Card System and files and the user’s devices and browser or other site accessing program. Nor will AGCircles be liable for any other problems experienced by the user due to causes beyond AGCircles’ control. No license to the user is implied in these disclaimers. AGCircles and third party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the SmartHealth Card System and expressly disclaim liability for errors or omissions in the materials and information. Furthermore, AGCircles and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in SmartHealth Card System, any incompatibility between the SmartHealth Card System and the user’s files and the user’s browser or other devices accessing program, or any other problems experienced by the user due to causes beyond AGCircles and its affiliates’ control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing AGCircles’ responsibilities and obligations to clients in accordance with applicable laws and regulations. Under no circumstances will AGCircles be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the SmartHealth Card System or any portion thereof, regardless of whether AGCircles has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.
The invalidity or unenforceability of any provisions of the Terms and Conditions of Use of this SmartHealth Card System for any reason by statute, court or otherwise shall not affect the validity, legality or enforceability of any other provision of this Terms and Conditions of Use of this SmartHealth Card System which shall remain in full force and effect.
HIPAA & Medical Malpractice Liability
AGCircles and you and your company hereby acknowledge and agree that businesses, medical providers and practices such as yours have obligations and liabilities under Ghana and state statutes, regulations and common laws that will be directly impacted by your choice of and acquisition of an Electronic Medical Record and/or Medical Billing product, system or service. By way of example and not limitation, your fulfillment of your obligations under HIPAA will be directly affected by the Electronic Medical Record product, system or service that you use and your obligations under Medicare will be directly affected by the Medical Billing product, system or service that you use. SmartHealth Card System, you and your company hereby acknowledge and agree that it is your responsibility and not SmartHealth Card System’s responsibility to perform a due diligence investigation of any Electronic Medical System and/or Medical Billing product, and/or other system or service prior to acquisition to determine the efficacy and appropriateness of the same to you, your business, and/or medical practice. AGCircles does not practice medicine, and shall not be responsible for the medical outcome of any of your patients, under any circumstances.
Copyright & Patent
All content included on this SmartHealth Card System, including all data, text, graphics, our logo and software is the property of AGCircles and is protected to the full extent of Ghana and international copyright laws. All Smart Cards, software, content and the compilation of the components of this SmartHealth Card System are the property of AGCircles and are protected by all applicable Ghana and international copyright laws. The SmartHealth Card System and its contents may only be used as permitted by SmartHealth Card System, and all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the contents of this SmartHealth Card System is strictly prohibited.
Smart Card, Web Content and Materials
You agree that (i)you will not engage in any activities related to the SmartHealth Card System that are contrary to applicable law, regulation or the terms of any agreements you may have with SmartHealth Card System; (ii) in circumstances where locations of the SmartHealth Card System require identification, you will establish commercially reasonable security procedures and controls to limit access to your Smart Card, password or other identifying information to authorized individuals; (iii) you will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of this SmartHealth Card System or to surreptitiously intercept or expropriate any system, data or personal information from this SmartHealth Card System; and (iv) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
AGCircles or its suppliers may discontinue or make changes in the information, products or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and AGCircles does not undertake any obligation or responsibility to update or amend any such information. AGCircles reserves the right to terminate any or all AGCircles offerings or transmissions without prior notice to the user. Furthermore, by offering this SmartHealth Card System and information, products or services via this SmartHealth Card System, no distribution or solicitation is made by AGCircles Solutions to any person to use the SmartHealth Card System or such information, products or services in jurisdictions where the provision of the SmartHealth Card System and such information, products or services is prohibited by law.
Potential Disruption of Service
Access to the SmartHealth Card System may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of AGCircles.
Enforceability and Governing Law
YOU AGREE THAT ANY ACTION BROUGHT BY YOU, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THESE TERMS AND USE OR THIS SMARTHEALTH CARD SYSTEMS SHALL BE FILED ONLY IN GHANA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY ACTION BROUGHT BY EITHER OF US IN SUCH COURTS.