Terms of Use

Welcome to the website of Health System and Rights Watch (HSCR-Watch Kenya), a non-governmental organization committed to advancing health equity, human rights, public health systems, and policy accountability across Kenya and East Africa.

These Terms of Use (“Terms”) govern your access to and use of our website, subdomains, mobile applications, and online portals (collectively, the “Sites”). These Terms constitute a binding legal agreement between you and HSCR-Watch Kenya (“HSCR-Watch,” “we,” “us,” or “our”).

By accessing, browsing, registering on, or submitting information through our Sites, you confirm that you have read, understood, and agreed to these Terms and our integrated Privacy Policy. If you do not agree to these Terms, please refrain from using our Sites.

1. General Disclaimer & Health Information

Informational & Advocacy Purpose Only: All content on our Sites—including health policy briefs, research reports, monitoring data, advocacy toolkits, and publications—is provided solely for general educational, advocacy, and informational purposes.

No Medical or Legal Advice: Content on our Sites does not constitute formal medical diagnosis, clinical treatment advice, or legal counsel. For specific health concerns, always consult a qualified healthcare professional.

2. Use of Site Content & Intellectual Property

Ownership: Unless otherwise stated, all materials on the Sites—including text, research, logos, graphics, audio, video, and design—are the intellectual property of HSCR-Watch Kenya or its licensors and are protected under the copyright and trademark laws of Kenya and international treaties.

Open Access & Fair Use for Advocacy: We encourage civil society partners, researchers, community health advocates, and public institutions to review, download, copy, and distribute designated reports and policy briefs (“Available Content”) to further non-commercial health equity initiatives, subject to the following conditions:

• Attribution: You must clearly attribute the content to HSCR-Watch Kenya.
• Non-Commercial Use: You may not sell, monetize, or charge fees for the distribution of our content without prior express written permission.
• Integrity of Work: You may not alter or distort the content in a manner that misrepresents our organization’s findings or advocacy positions.

3. User Accounts & Security

To access specific portals (such as research databases, job applications, or partner portals), you may be required to register an account.

You agree to provide accurate, current, and complete information during registration and to update it as necessary.

You are responsible for maintaining the confidentiality of your login credentials. Any activity conducted under your account will be attributed to you.

HSCR-Watch Kenya reserves the right to suspend or terminate accounts that provide fraudulent information or violate these Terms.

4. User-Generated Content & Code of Conduct

If our Sites allow you to upload reports, submit field feedback, post comments, or complete survey applications, you agree that you will not submit content that:

• Is defamatory, abusive, obscene, or invasive of personal privacy or confidential health information.
• Violates the intellectual property rights or trade secrets of any individual or entity.
• Contains viruses, malware, or code intended to disrupt or damage computer systems.
• Violates any applicable local, national, or international law, including the Data Protection Act, 2019 of Kenya.

By submitting content to our Sites, you grant HSCR-Watch Kenya a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, publish, and distribute such content in support of our charitable mission and operational reporting.

5. Data Privacy & Compliance

Your privacy is critical to us. Collection and processing of personal data submitted through our Sites are governed by our Privacy Policy, which complies with the Data Protection Act, 2019 (Republic of Kenya). By using our Sites, you consent to the collection, processing, and storage of your personal data as outlined in our Privacy Policy.

6. Third-Party Links & Resources

Our Sites may contain links to third-party websites (such as international donors, ministry portals, academic partners, or civil society allies). These links are provided solely for convenience. HSCR-Watch Kenya does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

7. Limitation of Liability & Warranties

“As Is” Basis: The Sites and all associated content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

Limitation of Liability: To the maximum extent permitted by Kenyan law, HSCR-Watch Kenya, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, or consequential damages arising out of your use or inability to use our Sites or reliance on any content provided.

8. Indemnification

You agree to defend, indemnify, and hold harmless HSCR-Watch Kenya, its board members, leadership team, employees, and operational partners from and against any claims, liabilities, costs, or damages (including reasonable legal fees) resulting from your breach of these Terms or your unauthorized use of the Sites.

9. Governing Law & Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Amicable Settlement: In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the matter in good faith through direct negotiations.

Mediation & Arbitration: If direct negotiations fail, the dispute shall be referred to mediation or binding arbitration under the rules of the Nairobi Centre for International Arbitration (NCIA) or the Chartered Institute of Arbitrators (Kenya Branch) before resorting to court proceedings.

Jurisdiction: Courts sitting in Nairobi, Kenya shall have exclusive jurisdiction over any legal matters not resolved through arbitration.

10. Amendments & Updates

HSCR-Watch Kenya reserves the right to modify these Terms at any time. Amended versions will be posted on this page with an updated “Effective Date.” Your continued use of the Sites following any changes constitutes your acceptance of the updated Terms.

11. Contact & Legal Notices

For questions, legal notices, or feedback regarding these Terms, please contact our administrative team:

HSCR-Watch Kenya
Attention: Legal & Administrative Secretariat
Email: info@hscr-watch.org
Address: P.O. Box 22356-00505 Nairobi, Kenya
CBC Centre, Argwengs Kodhek Road
Phone: +254 2026682990/0722723930