DOC Care Health Terms of Service
Doc Care Health is the Author and operates the services provided by the Doc Care Health Website and Mobile App “Doc Care Health” ('Website') for healthcare practices and patients.
These Terms of Service deal with your use of Doc Care Health and the legal basis on which it is provided. Doc Care Health Limited offers this website and Mobile App, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Doc Care Health is proudly Kenyan owned and developed. These Terms of Service are prepared in accordance with Kenyan laws, but Doc Care Health may be used in other countries as well.
Terms “we”, “us”, “Company”, “Doc Care Health”, "Doccare Health", and “our” refer to Doc Care Health Limited
Account means a registered User account on the Doc Care Health platform.
Authorized User means a person that is authorized to use a User's Account.
Booking means booking an appointment or service with a Practitioner or practice using the Platform.
Booking Module means the features and tools associated with the making of a Booking via the Platform.
Company or Doc Care Health means Doc Care Health Limited.
Confidential Information has the meaning set out in clause 15 and means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:
All technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;
All business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;
All financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;
Electronic Record means the record of a Patient's Health Information and/or other data store by the Company.
Fee or Charges means any fee payable by a User for access to, or use of Doc Care Health.
GST has the meaning given by the A Tax System (Goods and Services Tax).
Health Information generally refers to information about the health, medical condition, illness, injury or any other words related to healthcare.
Information means all information supplied by a User via Doc Care Health and includes Personal Information, Health Information and any other type information.
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether register able or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
Patient means any person who use Doc Care Health by any means with a stored Electronic Record about them within the Platform including: an existing patient or client of a Practice or an individual that uses Doc Care Health in order to request a Booking and/or otherwise supply information (including Personal Information and Health Information) to a Practice.
Patient Services means the Patient Services set out in clause 5.1.
Practice means a medical practice, healthcare practice or other organized or incorporated body that provides healthcare services.
Practice Services means the Practice Services set out in clause 6.1.
Practice Service User/ subscriber Agreement means a Practice Service User Agreement entered into between the Company and a Practice in order to grant a Practice a license to use Modules.
Practitioner means (without limitation) a medical practitioner, doctor, Healthcare Practitioner (HCP), nurse, physiotherapist, occupational therapist, Pharmacist, Lab technician, physical therapist or other healthcare practitioner that accepts appointments booked via a Practice and who: a Practice accepts Bookings on behalf of via Doc Care Health; is suitably qualified to provide medical or healthcare treatment of a patient; and is authorized to access a Patient's Electronic Record.
Reminder means an upcoming appointment, medicine reminder or other reminder sent to a Patient via Doc Care Health Platform.
Reminder Module means the features and tools associated with making a Reminder through the Platform.
Site means the Company's website is accessible at www.doccarehealth.com and any sub domains.
Special Conditions means the terms and conditions set out in the section of this agreement entitled "Special Conditions".
Staff Member means an Authorized User that is an employee or other personnel of a Practice that may be authorized to access a Patient's or any other Records.
Third Party means any person that is not a User or the Company.
User means any Practice, Patient, Practitioner, Staff Member or Authorized User that uses Doc Care Health.
User Content means data that is uploaded or input into Doc Care Health by the User or that forms part of the User's Intellectual Property.
Online Consultation means online communication between User and Practitioner through Chat, Call & Video.
Patient (clause 5): A patient, his/her representatives or affiliates, searching for Practitioners and practice or other information through the Website (“End-User”, “you” or “User”).
Practices (clause 6): medical practice, healthcare practice or other organized or incorporated body that provides healthcare services by appointment for Practitioners, and includes a Practitioner where implied by context ( Services”).
You also agree to resolve any dispute that you may have with us or the services in Kenya.
Practice must accept a Subscriber’s Term Agreement https://www.doccarehealth.com/privacy-policy in order for a User to register a Practice Account and obtain a license to use the Practice Services associated with a license.
The Services may change from time to time, at the sole discretion of Doc Care Health and the Agreement will apply to your visit to and your use of the Website and App to avail the Service, as well as to all information provided by you on the Website at any given point in time.
If you do not agree with this agreement, you cannot use the services or any other information provided through Doc Care Health.
Please note that we offer the Services without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
In addition to any other express or implied consents, by using Doc Care Health the User accepts and agrees to the terms of:
This Agreement; and
TERMS & LIMITATIONS
Term. The User to access Doc Care Health shall be ongoing until terminated by The Company in accordance with this Agreement, or a Subscribers Term (if applicable).
Limitations on Use. The Company may limit or restrict access to Doc Care Health from time-to-time as it sees fit, including (but not limited to):
Entities. The Company may restrict access to users and practice.
Location. The Company may restrict access to Doc Care Health to certain jurisdictions where it is able to offer Doc Care Health.
The User and practice must register an account in Doc Care Health to use Doc Care Health.
The Company may set any time any registration requirements in its absolute discretion.
Registration and Creation of Practitioner/Practice Profile
Once a Pre-Existing Profile with contact details of healthcare providers or medical professionals created from publicly available information and authorized sources, with information including any of but not limited to name, photo, address, education, experience, accomplishments, clinic address, mobile number, e-mail address etc., of such healthcare providers or medical professionals (hereinafter referred to as the “Pre-Existing Profile”) is create, the Platform may automatically generate a password and send it to User, automatically generate a password which may be changed by the Registered User in the first login. Such Registered User may self verify or edit personal and professional Information including Practitioner/Practice information if required. Then you are solely responsible for maintaining secrecy and confidentiality of your login details including your user name, password and user code. You hereby acknowledge and accept that the Platform will grant access to any person who has obtained your username, password and User code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under your username, password and any user code. The Company, its Directors, shareholders, employees, associates, contractors or agents shall not be responsible in any manner for any Losses occurring from any breach of secrecy of your username, password and user code. You agree that the sole purpose of registering on or using the Platform is to access an e-platform for healthcare providers or medical professionals in order to engage in meaningful discussions in relation to the medical profession, networking and collaborating effectively and keeping track of news and views in the medical world.
Patient Services. Doc Care Health enables Patients to:
All technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;
Create and manage a Patient Account;
Make their Information available to their selected Practice;
View available appointment times;
Select the type of appointment required relative to their health requirements;
Request a Booking;
Access their medical records, lab results and prescriptions;
Receive notifications from a Practice regarding their Booking request or Booking confirmation;
Receive notifications regarding a Reminder;
Edit the Patient's Information;
Respond to notifications; and
Such other features and tools as the Company may make available via Doc Care Health from time-to-time.
The Patient must verify their identity by supplying at least three forms of unique identification in order to use Doc Care Health, including but not limited to: a current mobile telephone number on which the Patient can be contacted; the Patient's surname; and the Patient's date of birth
In order to protect the Personal Information and Health information of its Users, Doc Care Health may restrict access to the Patient's Account until the identity of the user can be verified in the event that a user fails to supply the correct verification information for a Patient's Account.
The Patient is responsible for correctly setting up its Account, and any Information that it enters into Doc Care Health, including (where applicable) an Electronic Record. The Company shall not be liable to any User for errors made by a Patient that incorrectly:
Creates or manages an Account; or
Supplies or manages Information.
The Patient agrees and accepts that:
The Patient uses Doc Care Health at its own risk.
Under no circumstance will Doc Care Health be liable for any illness, injury, or death resulting from the use of Doc Care Health. Any claim based on illness, injury or death that results from a Patient's use of Doc Care Health must be directed to the relevant Practice or Practitioner.
Patients under the age of 18 may not use Doc Care Health without their parent or guardian's consent, or their Parent or guardian using Doc Care Health on the Patient's behalf as an Authorized User.
The Company makes no representation or warranty that an appointment time is actually available or that a Practice will confirm a Booking request. It is the Patient's responsibility to contact the Practice if they experience any issues with their Booking request, Booking, Reminder made via Doc Care Health, including any delay they might experience.
Doc Care Health may share the Electronic Record and other personal information of the Patient with any Practice or Practitioner authorized by the Patient.
Any information shared by Doc Care Health with a Practice authorised by the Patient may be retained by the Practice for the purpose of updating their administrative records.
Doc Care Health may send the Patient emails, text messages, push notifications and other alerts on behalf of Practices and their Practitioners.
Any consent made by a Patient through Doc Care Health is valid and binding unless and until revoked by the Patient and a Practice or Practitioner may rely on a consent made through Doc Care Health without any need to further verify the veracity of that consent.
All Information about a Patient is used and controlled by the Patient, Practice or Practitioner, not Doc Care Health.
All Information input to Doc Care Health about a Patient is provided with that Patient's consent.
The Practice authorized by the Patient to receive the Electronic Record and other personal information may have its own policy governing access to this information and the use of Doc Care Health by its Practitioners and Staff Members.
Any person who registers or uses a Patient Account in Doc Care Health warrants that he or she is an authorized representative of that Patient, their parent or their legal guardian with the requisite authority to bind the Patient to this Agreement.
Doc Care Health enables Users to connect with Practitioners through Book facility that allows Users book an appointment through the Doc Care Health Website or App
Doc Care Health will ensure Users are provided confirmed appointments on the Book facility. However, Doc Care Health has no liability if such an appointment is later canceled by the Practitioner, or the same Practitioner is not available for appointment and related issues.
The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Doc Care Health of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, Doc Care Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Doc Care Health will not be liable for:
User interactions and associated issues User has with the Practitioner;
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, as provided.
Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, Doc Care Health shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
Doc Care Health’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Doc Care Health.
Doc Care Health will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback or other factors. Such factors may change from time to time, in order to improve the listing algorithm.
Doc Care Health in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.
LISTING CONTENT AND DISSEMINATING INFORMATION
Doc Care Health collects, directly or indirectly and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their name, qualification, visiting hours, specialization, fees, location, experience, mode of payment and other similar details. Doc Care Health takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Doc Care Health screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Services provided by Doc Care Health or practice or any of its licensors or service providers are provided on an "as is" and “as available’ basis and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
Doc Care Health does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services.
Doc Care Health does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Doc Care Health disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the website, or any opinion or suggestion given or expressed by Doc Care Health or any User in relation to any User or services provided by such User.
The Website may be linked to the website of third parties, affiliates and business partners. Doc Care Health has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Doc Care Health endorses the linked site. Users may use the links and these services at User’s own risk.
Doc Care Health assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
If Doc Care Health determines that you have provided fraudulent, inaccurate or incomplete information, including through feedback, Doc Care Health reserves the right to immediately suspend your access to the Website or any of your accounts with Doc Care Health and makes such declaration on the website alongside your name/your practice’s name as determined by Doc Care Health for the protection of its business and in the interests of Users. You shall be liable to indemnify Doc Care Health for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Doc Care Health or its Users.
Doc Care Health has published information for guidance purposes and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Doc Care Health is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
NOT FOR DOCTOR-PATIENT RELATIONSHIP AND EMERGENCY USE
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance and other Information that may be available on the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship between Doc Care Health and you and does not constitute an opinion, medical advice or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
It is hereby expressly clarified that, the Information that you obtain or receive from Doc Care Health and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
You are advised not to use the Doc Care Health online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases or if You are in a critical condition.
If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the online consultation services. Doc Care Health will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.
All Users, who are patients, and who opt for online consultation services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
Online consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. After online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a Prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive.
Healthcare Practitioner (HCP) reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.
Online consultation services may be provided via the following communication channels Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities at the sole discretion of Doc Care Health. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.
Practice Services. Doc Care Health may enable a Practice to:
Create and manage a Practice Account;
Add Practitioners to the Practice Account for the applicable Fee;
Collect Information and Booking requests from Patients;
Accept a Booking request from a Patient in order to confirm a Booking;
Send notifications to Patients regarding a Booking;
Set preferences and rules for Bookings, Practitioners and Patients;
Send Reminder notifications to Patients for a Fee;
Set preferences and settings in order to manage Reminders;
Such other features and tools as the Company may make available via Doc Care Health from time-to-time.
Upload logos and information on their Practice into Doc Care Health for use in communications with Patients.
Print information stored in Doc Care Health;
Receive notifications of a Patient's interaction with Doc Care Health; and
Authorize Staff Members to access and use Doc Care Health.
Practice Services. Doc Care Health may enable a Practice to:
The Practice is responsible for correctly setting up its Account, and any Information that it enters into Doc Care Health, including an Electronic Record. The Company shall not be liable to any User for errors made by a Practice that incorrectly:
Creates or manages an Account; or
Supplies or manages Information.
Use of the platform for messages relating to minors. The Practice must ensure that they comply with any relevant legislation when sending Reminders to a Patient under 18 years of age.
The Practice agrees and warrants that:
It is solely responsible for ensuring that its use of Doc Care Health and storage of Electronic Records in Doc Care Health is compliant with the local laws of the Practitioner and/or the Practitioner's Patients.
It must pay the applicable Fee for:
Each Practitioner that it makes available for Booking via Doc Care Health; and
Each Reminder notification that it sends via Doc Care Health.
To the extent permitted by law the Practice indemnifies and will hold Doc Care Health harmless against all costs, claims damages and expenses for any:
Penalty imposed upon the Practice or a Practitioner.
Injury, illness or death caused to a Patient or Third Party.
Damage to the property of any Patient or Third Party.
Claim of breach of confidentiality that it owes to any Patient or Third Party as a result of the Practice's use of Doc Care Health.
It shall not store or record any Health Information that it can access through Doc Care Health unless it is fully compliant with Kenya's DPA 2019, Health Act,2017.
It shall not disclose any Information about a Patient to any other person or party other than to its Staff Members and Practitioners or as otherwise authorized by the Patient.
It shall ensure all Information it has access to through its use of Doc Care Health is kept and used in accordance with applicable privacy laws in the jurisdiction.
It shall only use Doc Care Health for its intended purpose as set out in this Agreement.
It shall comply with all anti-spam legislation in its jurisdiction.
It grants Doc Care Health a royalty free license to use any logos or other information provided in any form, media or technology for the purpose of promoting or marketing Doc Care Health.
Its license to use Doc Care Health subject to the payment of all necessary Fees.
Any person who registers a Practice or a Practitioner in Doc Care Health warrants he or she is an authorised representative of that Practice and Practitioner, with the requisite authority to bind the Practice and/or Practitioner to this Agreement.
Doc Care Health, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details or other information and practice. Doc Care Health reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Doc Care Health immediately to enable Doc Care Health to make the necessary amendments.
Doc Care Health shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
Doc Care Health reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Doc Care Health shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
Practitioners explicitly agree that Doc Care Health reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
Practitioner or practice hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Doc Care Health accepts no liability for the same.
PROFILE OWNERSHIP AND EDITING RIGHTS
Doc Care Health ensures to the Practitioners or practice by providing a tool or platform to update your profile information. Doc Care Health reserves the right of ownership of all the Practitioner’s or practice profile and photographs and to moderate the changes or updates requested by Practitioners or practice. However, Doc Care Health takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates.
Practitioners or practice hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Doc Care Health’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Doc Care Health may modify or delete parts of your profile information at its sole discretion with or without notice to you.
REVIEWS AND FEEDBACK DISPLAY AND GIVEN RIGHTS OF DOC CARE HEALTH
All Critical Content is content created by the Users of Doc Care Health and the clients of Doc Care Health customers and Practitioners, including the End-Users. As a platform, Doc Care Health does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’.
Doc Care Health reserves the right to collect feedback and Critical Content for all the Practitioners, practice and Healthcare Providers listed on the Website.
Doc Care Health shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, practitioner, practice except as required by applicable law.
You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Doc Care Health shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Doc Care Health however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
Doc Care Health will take down information under standards consistent with applicable law and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
If Doc Care Health determines that you have provided inaccurate information or enabled fraudulent feedback, Doc Care Health reserves the right to immediately suspend any of your accounts with Doc Care Health and makes such declaration on the website alongside your name/your practice name as determined by Doc Care Health for the protection of its business and in the interests of Users.
Doc Care Health has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners.
Doc Care Health shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Doc Care Health.
DOC CARE HEALTH FEED, BLOGS, WHAT WE DO, R&D AND NEWS
Doc Care Health health feed is an online content platform available on the website, wherein Practitioners or practice who have a Doc Care Health profile and Users who have a health account can login and post health and wellness related content.
A Practitioner or practice can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination and uploading said Content to Doc Care Health’s servers. The Practitioner or practice can upload their own images or choose an image from the gallery that Doc Care Health provides. Doc Care Health shall post such Content to Doc Care Health health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Doc Care Health health feed does not constitute medical advice and may not be construed as such by any person.
The Practitioner or practice acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Doc Care Health and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Doc Care Health reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Doc Care Health from and indemnify Doc Care Health against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on Doc Care Health health feed. The Practitioner also agrees to absolve Doc Care Health from and indemnify Doc Care Health against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from Doc Care Health’s gallery and utilizes it for his/her personal or commercial gain.
The Practitioner or practice hereby assigns to Doc Care Health, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via Doc Care Health.
Doc Care Health shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
The Practitioner or practice may also use Doc Care Health in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
Practitioner or practice acknowledges that the content on Doc Care Health reflects the views and opinions of the authors of such content and does not necessarily reflect Doc Care Health’s views.
Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Doc Care Health reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Doc Care Health from and indemnify Doc Care Health against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner or practice on Doc Care Health.
As a valuable partner on our platform we want to ensure that the Practitioners experience on the Doc Care Health booking platform is beneficial to both, Practitioners, practice and their Users.
FEES, PAYMENT AND TAXES
This Agreement applies to those services made available by Doc Care Health on the Website, which are offered free of charge to the Users (“Services”), including the following:
For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
For Users: Facility to
create and maintain ‘Health or profile Accounts’,
search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Doc Care Health
Fees apply to Practices for the use of Doc Care Health and the terms of those Fees shall be as set out in a Subscribers terms Agreement between the Practitioners and Doc Care Health.
All transactions (FEES, PAYMENT AND TAXES) are processed in Kenyan Shillings (Kshs).
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While Doc Care Health will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Doc Care Health is in no way responsible for any of the taxes except for its own income tax.
The fees could be paid online through the facility made on the Application or web. Third parties support and services are required to process online fee payment. Doc Care Health is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Doc Care Health.
At the sole discretion of Doc Care Health, the fees could also be paid offline to Doc Care Health representatives.
All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to the Doc Care Health designated bank account.
An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of Doc Care Health. In case the fees against Services are not received within the requested time frame, Doc Care Health reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested time frame and have no right of recovery in any form against Doc Care Health.
CANCELLATIONS AND REFUND POLICY
For internet-based subscription Services, You are free to cancel the Service at any time. Doc Care Health shall refund any unexpended advance fees paid by You at the time of cancellation of the Service. In case You wish to seek a refund of the advance paid by You because You do not agree with a modification to the Agreement, please write to email@example.com. We will process the refund of the unexpended amount.
Refund Policy for Paid Consults
In case a Healthcare Practitioner (HCP) is not available to respond to a paid consult, You can report the issue to Doc Care Health and request for cancellation, post which Doc Care Health will process the refund amount equalling to the total actual amount paid by You, including any internet handling fees. However, the refund will not include the discount value provided by Doc Care Health.
In the event it is proved that a HCP has acted in a manner that is against any applicable laws, Doc Care Health shall provide a complete refund to You, subject to investigation undertaken by Doc Care Health. In the event it is proved that You have demonstrated abusive nature during the consult, You shall not be eligible for any refund and Doc Care Health/HCP shall be entitled to take any legal action as applicable.
You are allowed a period of seven (7) days to report any consult as incomplete or unsatisfactory, and request for a refund. No refund requests shall be entertained thereafter.
In the event Doc Care Health establishes that Your refund claim meets the above conditions, Doc Care Health shall process the refund accordingly and the money will be refunded to You in seven (7) working days from the day the refund has been approved from Doc Care Health.
THE DOC CARE HEALTH APPLICATION
The User agrees and accepts that Doc Care Health is:
Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available 'locally' from the User's systems; and
Managed and supported exclusively by the Company from the Company servers and that no 'back-end' access to Doc Care Health is available to the User unless expressly agreed in writing.
As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features and Exercises, redesign, improve or otherwise alter Doc Care Health.
The Company shall not exercise its rights under clause 8.2 in a manner that would intentionally cause the User to lose access to User Content or fundamentally decrease the utility of Doc Care Health to the User, other than in accordance with the terms of this Agreement.
INVITE AND EARN PROGRAM
This program is subject to change, at the sole discretion of Doc Care Health. Doc Care Health holds the right to cancel all or partial Doc Care Health Coins granted to the user at any time without any prior notice. In cash of any disputes, the Doc Care Health decision will be final.
In this program users can earn Doc Care Health coins. Doc Care Health coin is Doc Care Health virtual currency which can be redeemed within Doc Care Health ecosystem.Doc Care Health Coins are non-transferable and & has to be used by the individual earning it. It has no commercial value. It is of pure promotional value and Doc Care Health can withdraw it at any point of time.
To be eligible, You (Referrer) need to fulfill the following criteria and detail of the program:
You must have a valid account on the Doc Care Health App.
Your account must be a mobile number verified with a Kenyan phone number on Doc Care Health App.
To participate in the program, You must invite people who are not existing users of the Doc Care Health App ("Referee") to download the Doc Care Health App.
The Referee must click on the link sent by You, successfully download the Doc Care Health App using OTP verification to login to their Doc Care Health App.
If the Referee has downloaded the Doc Care Health App through other means, they can use the referral code in the App menu. The code is to be entered in the Invite & Earn section and get Doc Care Health Coins.
The device on which the Referee downloads the Doc Care Health App must be a new device. The Referee must be a new user and the mobile number should be an Indian mobile number which has not been registered before with any Doc Care Health account.
If the Referee fulfills all the above conditions he is eligible for the referral program. The Referee needs to then complete his profile.
The User shall authorize users to access Doc Care Health in its absolute discretion. The Company accepts no liability for access to User Content by an Authorized User or using login details of users authorized by the User.
The User is solely responsible for the security of its username and password for access to Doc Care Health.
The User shall notify the Company as soon as it becomes aware of any unauthorized access of its Doc Care Health account.
The Company obtains no right, title or interest in User Content including any Intellectual Property found within it. The Company accepts no liability for the content of User Content.
The User is responsible for the accuracy, quality and legality of User Content and the User's acquisition of it, and the users that create, access and/or use User Content.
Despite clause 19.1, the Company shall be authorized to permanently delete User Content where outstanding Fees remain unpaid in accordance with Subscribers Terms.
The Company shall not access, use, modify or otherwise deal with User Content except where required by compulsion of law or upon the User's authority (such as to provide support for Doc Care Health).
The User agrees that when it provides any consent, authority or agreement through Doc Care Health it does so as an electronic transaction and warrants that such transaction shall be binding on the party.
The User agrees that any request for a consent, authority or agreement it sends to other Users through Doc Care Health as an electronic transaction shall be sent directly from its email address.
ELECTRONIC COMMUNICATION, AMENDMENT AND ASSIGNMENT
The words in this clause that are defined in the Electronic Transactions
The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User's responsibility to update its contact details as they change.
A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties' most recent known contact details.
The User may not assign or otherwise create an interest in this Agreement.
The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
The User is solely responsible for verifying the identity of a signatory to any electronic transaction it is a party to.
The Company does not guarantee the validity of any electronic transaction.
The Company will keep confidential all information that it becomes aware of regarding the User's:
Business, employees and contractors.
The information and classes of information set out in clause 23.1 are Confidential Information for the purposes of this Agreement. In default, information relating to the business operations, personal information and other information that should be confidential is Confidential Information.
Each party acknowledges and agrees that:
The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
It owes an obligation of confidence to the Disclosure concerning the Confidential Information;
It must not disclose the Confidential Information to a third party except as permitted in this Agreement;
All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
Any breach or threatened breach by the receiving party of an obligation under this Agreement may cause the Disclosure immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Disclosure has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
A party must notify the Disclosure in writing, giving full details known to it immediately, when it becomes aware of:
Any actual, suspected, likely or threatened breach by it of clause 23.2;
Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
Any actual, suspected, likely or threatened theft, loss, damage, or unauthorised access, use or disclosure of or to any Confidential Information.
The receiving party must promptly take all steps that the Disclosure may reasonably require and must co-operate with any investigation, litigation or other action of the Disclosure or of a related body corporate if there is:
Any actual, suspected, likely or threatened breach of a term of this Agreement; or
Any theft, loss, damage or unauthorised access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
This Agreement may be terminated at any time by:
Written notice of one party to the other; or
By the User canceling or otherwise terminating their Account through Doc Care Health.
Deleting Doc Care Health does not constitute termination of this Agreement, although the Company may terminate this Agreement in the event it determines in its reasonable discretion that Doc Care Health has been deleted and the User's intention is to cancel or terminate their account and this Agreement.
The User agrees and accepts that deletion of Doc Care Health may result in loss of data for which the Company is in no way liable.
DISCLAIMER – THIRD PARTY INFORMATION & SERVICES
The User acknowledges that Doc Care Health:
Is dependent on third-party services, including but not limited to:
Banks, credit and debit card providers, payment gateway or other payment service provider;
Provides links to third party websites containing (without limitation) health information.
The User agrees that the Company shall not be responsible or liable in any way for:
Interruptions to the availability of Doc Care Health due to third-party services; or
Information contained on any linked third party website.
The Company makes no warranty as to the suitability of Doc Care Health in regards to the Practice's privacy obligations at law or contract, and it is the Practice's responsibility to determine whether Doc Care Health is appropriate for the Practice's circumstances.
Security. The Company takes the security of Doc Care Health and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company's systems or the information on them.
Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User's operating and legal requirements.
Storage. The Company may limit the amount of data that the User stores in Doc Care Health, and shall advise the User of such.
Backup. The Company shall perform backups of Doc Care Health in as reasonable a manner at such times and intervals as are reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Content from any period of time.
By accepting the terms of this Agreement the User agrees that the Company shall provide access to Doc Care Health to the best of its abilities, however:
Access to Doc Care Health may be prevented by issues outside of its control; and
It accepts no responsibility for ongoing access to Doc Care Health.
Users may prepare for unscheduled unavailability of Doc Care Health by:
Keeping their Doc Care Health mobile app up to date, which will store local copies of the data; and
Printing hard copies of the information stored within Doc Care Health.
Trademarks. The Company has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Doc Care Health.
Doc Care Health Application. The User agrees and accepts that Doc Care Health is the Intellectual Property of the Company and the User further warrants that by using Doc Care Health the User will not:
Copy Doc Care Health or the services that it provides for the User's own commercial purposes; and
Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Doc Care Health or any documentation associated with it.
Content. All content (with the exception of User Content) remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, Exercises, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Doc Care Health.
LIABILITY & INDEMNITY
The User agrees that it uses Doc Care Health at its own risk.
The User acknowledges that Doc Care Health does not provide medical advice, nor does it hold itself out to provide medical advice.
The User agrees that it has had reasonable opportunity to obtain legal advice on this Agreement.
The User acknowledges that the Company is not responsible for the conduct or activities of any user and that the Company is not liable for such under any circumstances.
The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User's use of or conduct in connection with Doc Care Health, including any breach by the User of these Terms.
In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User's access to, or use of, or inability to use Doc Care Health or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
Apart from those that cannot be excluded, the Company and the Company's related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company's liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company's option to: The re-supply of services or payment of the cost of re-supply of services.
Doc Care Health reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Such User breaches any terms and conditions of the Agreement;
A third party reports violation of any of its right as a result of your use of the Services;
Doc Care Health is unable to verify or authenticate any information provide to Doc Care Health by a User;
Doc Care Health has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Doc Care Health believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Doc Care Health or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Kenya, before a sole arbitrator appointed by Doc Care Health. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the above Clause 32.1 the courts in Kenya shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If a User has any questions concerning Doc Care Health, the Website, this Agreement, the Services, or anything related to any of the foregoing, Doc Care Health customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: https://www.doccarehealth.com/contact
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Doc Care Health. Any consent by Doc Care Health to, or a waiver by Doc Care Health of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.