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1. NATURE AND APPLICABILITY OF TERMS
1.2 These Terms and Conditions may be altered at ConnectMed’s sole discretion from time to time and we advise that you read through them every time you access the website and/or the services.
1.3 Please carefully read these terms and conditions ("Terms") before you decide to access the Website.
1.4 These Terms constitute a legal agreement between you and ConnectMed in connection with your visit to the Website and your use of the Services (as defined below).
1.5 By accessing the Services, you confirm having read these Terms and Conditions carefully, and understood the risks and benefits of the teleconferencing consultation and you give your informed consent to participate in a telemedicine visit under the terms described herein.
1.6 By checking the box containing "Agree to the Terms & Conditions" you hereby state that you have read, understood, and agree to the terms of this document.
1.7 ConnectMed Limited, registration number PVT/2016/03277 and trading as ConnectMed ("ConnectMed", "we", "us", or "our"), operates the websites located at connectmed.co.ke and connectmed.herokuapp.com. We offer online telemedicine services (the "Services") enabling you ("You") to report your health history and engage healthcare professionals ("healthcare professionals") to obtain medical and healthcare services ("Services"). ConnectMed does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither ConnectMed nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a healthcare professional via the Services.
1.8 The Agreement applies to you whether you are -
i. A patient, his/her representatives or guardian or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
ii. Otherwise a user of the Website ("you" or "User").
1.9 This Agreement applies to all services made available by ConnectMed on the Website.
1.10 In these Terms and Conditions, ‘Doctor’, ‘Medical Practitioner’, ‘Practitioner’ and/or ‘Healthcare professional’ means a person licensed in Kenya to provide health care in all forms including but not limited to physicians, nurses, nutritionists, physiotherapists and specialists.
2. CONDITIONS OF USE
2.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to ConnectMed that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
2.2 We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the Services solely for your personal non-commercial use and only as permitted under these Terms and conditions and any separate agreements you may have entered into with us ("Access Rights"). We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Website or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website or Services; (d) distribute viruses or other harmful computer code through the Website or (e) otherwise use the Services or Website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with healthcare professionals through the Website.
2.3 ConnectMed is not responsible for any interactions with healthcare professionals that are not conducted through the Website.
2.4 We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your account password through your web browser or other software.
3. CONCERNING CONNECTMED DOCTOR DIRECTORY LISTING CONTENT AND DISSEMINATING INFORMATION
3.1 ConnectMed 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 specialization, qualification, fees, location, visiting hours, and similar details. ConnectMed takes reasonable efforts to ensure that such information is updated at frequent intervals. Although ConnectMed 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.
3.2 The Services provided by ConnectMed 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). ConnectMed does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. ConnectMed 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, ConnectMed 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 ConnectMed or any User in relation to any User or services provided by such User.
3.3 The Website may be linked to the website of third parties, affiliates and business partners. ConnectMed 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 ConnectMed endorses the linked site. User may use the links and these services at User’s own risk.
3.4 ConnectMed 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.
3.5 If ConnectMed determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, ConnectMed reserves the right to immediately suspend your access to the Website or any of your accounts with ConnectMed and makes such declaration on the website alongside your name as determined by ConnectMed for the protection of its business and in the interests of Users. You shall be liable to indemnify ConnectMed for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected ConnectMed or its Users.
4. BOOKING APPOINTMENTS
4.1 ConnectMed enables Users to connect with Practitioners through two methods:
a) AnyDoctor model – this model enables Users to consult with the first Practitioner that is available to respond to their query/request to consult for medical reasons; and
b) SpecificDoctor model – this model enable a User to query/request to consult a specific doctor listed on the Website.
4.2 You may, on accessing the website, opt to engage using either of the above two models. The models are available on the Booking facility available on the website. The Booking facility is fully automated.
4.3 For the SpecificDoctor model, ConnectMed will ensure Users are provided confirmed appointment on the Book facility. However, ConnectMed has no liability if such an appointment is later cancelled by the Practitioner, or the Practitioner is not available for appointment. For the AnyDoctor Model, ConnectMed will ensure the consult is provided and if not provide a refund is made to the Patient as per clause 4.7.
4.4 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by ConnectMed 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.
4.5 Without prejudice to the generality of the above, ConnectMed 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 ConnectMed will not be liable for:
i. User interactions and associated issues User has with the Practitioner;
ii. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
iii. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
iv. 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;v. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
4.6 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 ConnectMed 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.
4.7 Cancellation and Refund Policy
i. In the event that, the Practitioner with whom the User has booked a paid appointment via the Website, has not been able to attend to the User, the User will need to write to us at [email protected] within five (5) days from the occurrence of such event; in which case, upon confirmation by ConnectMed that the Patient was not attended to, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to a complete refund even if you have cancelled beforehand.
ii. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
5. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between ConnectMed 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.
5.2 It is hereby expressly clarified that, the Information that you obtain or receive from ConnectMed, and its employees, Practitioners, 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.
5.3 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 a another person’s behalf), please contact an ambulance service or hospital directly.
6. MODES OF CONSULTATION
6.1 A patient accessing the Services may use the following methods to consult:
a) ConnectMed Text Consult (aka Q&A Tool)
b) ConnectMed Telephone and/or Video Consult
6.2 ConnectMed Text Consult (aka Q&A Tool)The Text Consult model enables Users to connect with Practitioners by posting health related queries on the application, which will be visible on the public health feed. Practitioners can respond to such queries using a special software application provided to Practitioners by ConnectMed. The public queries posted by the Users are sent to multiple Practitioners, chosen through a fully automated system. ConnectMed will not be responsible for the Practitioners chosen to respond to the queries.
6.3 ConnectMed Telephone and/or Video ConsultThe Telephone/Video Consult model enables Users to connect with Practitioners by booking an appointment (through the AnyDoctor and SpecificDoctor Models) and having a telephone call or live audio-visual interaction. Practitioners and Users complete this interaction by telephone and in case of audio-visual, over a special software application provided by ConnectMed. The consult requests submitted by the Users are sent to multiple Practitioners, chosen through a fully automated system. ConnectMed will not be responsible for the Practitioners chosen to respond to the requests.
6.4 Applicable Terms
i) The User hereby grants consent to ConnectMed to feature the queries posted by the User for free and agrees that any such information provided by the User will be subject to these terms and conditions.
ii) The User hereby confirms that they understand that:a. The Services are intended for general purposes only and are not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner attending to the Patient or listed in the website or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, ConnectMed shall not be held liable. All the conditions prescribed in these Terms and Conditions shall apply to the Users. b. The User understands and agrees that Text Consult is merely a consulting model and any interactions and associated issues with the Practitioner on Text Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold ConnectMed responsible for any such interactions and associated issues. c. As a User, you understand that, ConnectMed is not a medical services provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Practitioner. d. All of the healthcare professionals who deliver Services through ConnectMed are independent professionals solely responsible for the services that each provide to you. ConnectMed does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither ConnectMed nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a healthcare professional via the Services.Text Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner. e. You understand that, your conversations with the Practitioner will be retained in our database as per the applicable laws. f. If you decide to engage with a Practitioner to procure medical services to you, you shall do so at your own risk. ConnectMed shall not be responsible for any breach of service or service deficiency by any Practitioner. g. You will be solely liable for the procuring of any prescription prescribed to you by a Practitioner and ConnectMed shall bear no responsibility in this regard.
iii) None of the Website content (other than information you receive from healthcare professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
iv) Telemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telemedicine consultation with a healthcare professional, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your healthcare professional may perform a physical examination through these technologies. Our Services are not intended to replace a primary care physician relationship or be your permanent medical care facilitator. You should seek emergency help or follow-up care when recommended by a healthcare professional or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
v) As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:
a) In rare cases, the healthcare professional may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled video consult.
b) Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
c) In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
d) In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
7. MODE OF PAYMENT
7.1 As a user, you will pay for the consultancy services in accordance with the tariff guide posted on the website.
7.2 The payment shall be made at the time of booking/requesting the Services on the website.
7.3 You will be responsible for payment of all taxes associated with your utilization of the services.
7.4 The mode and means of payment for the services are available on the website ("the payment gateway").
7.5 If you decide to use the payment gateway to make payments online or use other allowed payment methods including Lipa na M-PESA, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach us through [email protected]
8. REVIEWS & FEEDBACK
8.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Practitioners or other healthcare professionals. ConnectMed disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an intermediary. ConnectMed shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
8.3 Without prejudice to the detailed to any other terms herein, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. ConnectMed at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms and Conditions. You agree that ConnectMed may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
i) Obtaining feedback in relation to Website or ConnectMed’s services; and/or
ii) Obtaining feedback in relation to any Practitioners listed on the Website; and/or
iii) Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by ConnectMed.
9. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
9.1 The contents listed on the Website are (i) User generated content, or (ii) belong to ConnectMed. The information that is collected by ConnectMed directly or indirectly from the End- Users and the Practitioners shall belong to ConnectMed. Copying of the copyrighted content published by ConnectMed on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ConnectMed reserves its rights under applicable law accordingly.
9.2 ConnectMed authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "ConnectMed Content"), are the property of ConnectMed and are protected under copyright, trademark and other laws. User shall not modify the ConnectMed Content or reproduce, display, publicly perform, distribute, or otherwise use the ConnectMed Content in any way for any public or commercial purpose or for personal gain.
9.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
10.1 ConnectMed may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘ConnectMed’. Information available in your Records is of two types:
i) User-created: Information uploaded by you or information generated during your interaction with ConnectMed ecosystem, eg: appointment, medicine order placed by you.
ii) Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘ConnectMed Ray’ or other Services of ConnectMed software.
10.2 The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and Conditions:
i) Your Records is only created after you have signed up and explicitly accepted these Terms.
ii) Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and ConnectMed does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
iii) The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, ConnectMed is not liable for any interruption that may be caused to your access of the Services.
iv) The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by ConnectMed, you should refer to your prescription before taking any medicines. ConnectMed is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the ConnectMed app.
v) It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. ConnectMed is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with ConnectMed.
vi) ConnectMed uses industry–level security and encryption to your Health Records. However, ConnectMed does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform ConnectMed of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected]
vii) If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. ConnectMed assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify ConnectMed and its officers against any such claim or liability arising out of unauthorized use of such information.
viii) In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
ix) You may lose your "User created" record, if the data is not synced with the server.x) If the Health Record is unaccessed for one month, you may not be able to access your Health Records due to security reasons. xi) ConnectMed is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts. xii) Elements of the Health Records are sent to the email addresses that are provided by your Practitioner. ConnectMed is not responsible for any incorrect email address provided by the Practitioner. xiii) ConnectMed is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them. xiv) ConnectMed has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently. xv) ConnectMed will follow the law of the land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason. xvi) You agree and acknowledge that ConnectMed may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records. xvii) You acknowledge that the Practitioners you are visiting may engage ConnectMed's software or third party software for the purposes of the functioning of the Practitioner’s business and ConnectMed's services including but not limited to the usage and for storage of Records in Kenya and outside Kenya, in accordance with the applicable laws. xviii) To the extent that your Records have been shared with ConnectMed or stored on any of the ConnectMed products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by ConnectMed pertaining to such previously visited clinics and hospitals who have tie ups with ConnectMed for the purposes of their business and for ConnectMed's services including but not limited to the usage and for storage of Records in Kenya and outside Kenya, in accordance with the applicable laws and further agree, upon creation of your account with ConnectMed, to the mapping of such Records as may be available in ConnectMed’s database to your User account.
11. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
11.1 ConnectMed hereby informs Users that they are not permitted to host, display, upload, download, modify, publish, transmit, update, share or in any manner handle any information that:
i) belongs to another person and to which the User does not have any right to;
ii) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, discriminatory, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harms minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonates another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
11.2 Users are also prohibited from:
i) violating or attempting to violate the integrity or security of the Website or any ConnectMed Content;
ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by ConnectMed;
iii) intentionally submitting on the Website any incomplete, false or inaccurate information;
iv) making any unsolicited communications to other Users;
v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
vii) copying or duplicating in any manner any of the ConnectMed content or other information available from the Website;
viii) framing or hot linking or deep linking any ConnectMed Content.
ix) circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
11.3 ConnectMed, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 11.1 and 11.2. ConnectMed shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
11.4 In case of non-compliance with any applicable laws, rules or regulations, or these terms and conditions by a User, ConnectMed has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
11.5 ConnectMed may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
11.6 ConnectMed respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights by you.
i) the fact that certain information is being collected;
ii) the purpose for which the information is being collected;
iii) the intended recipients of the information;
iv) the nature of collection and retention of the information; and
v) the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi) the various rights available to such Users in respect of such information.
12.3 By agreeing with these Terms and Conditions, you acknowledge that you understand and agree with the following:
i) You understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine.
ii) You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time, without affecting your right to future care or treatment.
iii) You understand the alternatives to telemedicine consultation as they have been explained to you, and in choosing to participate in a telemedicine consultation, you understand that some parts of the exam involving physical tests may be conducted by individuals at your location, or at a testing facility, at the direction of the consulting healthcare professional.
iv) You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas.
v) You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured.
vi) You understand that your healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than your healthcare provider and consulting healthcare provider in order to operate the video equipment. You understand that you will have the right to request the following: (1) omit specific details of your medical history/physical examination that are personally sensitive to you; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at any time.
vii) You understand that certain information related to your consultation may be used for research purposes. The purpose of this research is to develop tools that allow healthcare professionals to provide better care to patients over video. In most studies, this information used will be patient symptom and history information and will not include any personal identification details like the patient’s name. In some studies, use of the video consultation footage will be utilized and therefore a patients face will be viewable but other personal identification information will not be available.
12.5 The Personal information we collect or maintain may include:
i) Your name, age, email address, username, password, and other registration information
ii) Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information
iii) Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information
iv) Billing information that you provide us, such as credit card information
v) Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site
vi) Other information you input into the Site or related services
12.6 We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
i) To provide you with the Services
ii) To improve the quality of healthcare through the performance of quality reviews and similar activities
iii) To create De-identified Information such as aggregate statistics relating to the use of the Service
iv) To notify you when Site updates are available
v) To market and promote the Site and the Services to you
vi) To fulfill any other purpose for which you provide us Personal Information
vii) For any other purpose for which you give us authorization
12.7 We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions):
i) To our subsidiaries and affiliates.
ii) To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
iii) As required by law, which can include providing information as required by a court order.
iv) When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
v) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of ConnectMed’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
vi) For any other purpose disclosed by us when you provide the information.
12.8 We may use De-Identified Information created by us without restriction.
12.9 ConnectMed is required to comply with Kenyan health care privacy and security laws and maintain safeguards to protect the security of your health information. The information you provide to your healthcare professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions. We devote considerable effort toward ensuring that your personal information is secure. Below is an explanation of the manner in which we process and use your personal information: Our Services are deployed via the Heroku Platform and more information on its best practice security policies, which include firewalls and encryption, can be found here: https://www.heroku.com/policy/security. Additionally, we utilize cookies to provide you with the best Website experience; notably, if you lose network connectivity or close your browser momentarily while logged into our Services, you won’t lose your current session when you re-access the Website. Further, we employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
12.10 In order to access certain features of our Website, we may ask you to provide certain demographic information including your gender, year of birth, address, and payment information. You agree to provide true, accurate, current and complete information about yourself as prompted by the website’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). In addition, neither ConnectMed nor our healthcare professionals will be liable for any loss, injury or harm associated with your provision of false or inaccurate information. Our use of any information you provide to us as part of the registration process is governed by the terms herein.
12.11 In order to use certain features of our Site, you may need a username and password, which you will receive and/or create through the Site's registration process. We reserve the right to reject or terminate the use of any username that we deem in our sole judgment offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
12.12 ConnectMed shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to ConnectMed or to any other person acting on behalf of ConnectMed.
12.13 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ConnectMed of any actual or suspected unauthorized use of the User’s account or password. Although ConnectMed will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ConnectMed or such other parties as the case may be, due to any unauthorized use of your account.
12.14 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ConnectMed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ConnectMed has the right to discontinue the Services to the User at its sole discretion.
12.15 ConnectMed may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
12.18 Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted directly to [email protected]
13.1 ConnectMed 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:
i. Such User breaches any terms and conditions of the Agreement;
ii. A third party reports violation of any of its right as a result of your use of the Services;
iii. ConnectMed is unable to verify or authenticate any information provide to ConnectMed by a User;
iv. ConnectMed has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; orv. ConnectMed believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ConnectMed or are contrary to the interests of the Website.
13.2 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.
14. LIMITATION OF LIABILITY
14.1 In no event, including but not limited to negligence, shall ConnectMed, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
i) provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
iii) any unauthorized access to or alteration of your transmissions or data; or
iv) any other matter relating to the Website or the Service.
14.2 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Kshs. 10,000/- (Kenya Shillings Ten Thousand Only).
15. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless ConnectMed, its health professionals, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your healthcare professional(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Healthcare professional.
16. RETENTION AND REMOVALConnectMed may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.
17. APPLICABLE LAW AND DISPUTE SETTLEMENT
17.1 You agree that this Agreement and any contractual obligation between ConnectMed and User will be governed by the laws of Kenya.
17.2 The Kenyan Courts 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.
18. CONTACT INFORMATION GRIEVANCE OFFICER
18.1 If a User has any questions concerning ConnectMed, the Website, this Agreement, the Services, or anything related to any of the foregoing, ConnectMed customer support can be reached at the following email address: [email protected] or via the contact form available through the Support button on our homepage at the following hyperlink: www.connectmed.co.ke.
18.2 If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Nairobi Garage Designation: Pine Tree building, Ngong Road, Kilimani, Nairobi, Kenya Email: [email protected] Telephone: +254 724906094 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person, please address your grievance to the above person.
18.3 You should report any security violations to us by sending an email to [email protected]
18.4 If you have questions or concerns these Terms and Conditions, please contact us by sending an email to [email protected]
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions 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, these Terms and Conditions 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 these Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by ConnectMed. Any consent by ConnectMed to, or a waiver by ConnectMed 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.
I have read this document carefully, and understand the risks and benefits of the teleconferencing consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a telemedicine visit under the terms described herein. By checking the box containing "Agree to the Terms & Conditions" I hereby state that I have read, understood, and agree to the terms of this document.