Global Technologies Ltd, on behalf of itself and partner companies under the brand “Mycare” (“Mycare”), is the provider of the mobile application ‘Mycare’ (together, “Mobile application”). Mycare owns and operates the services provided through the Mobile application.
- 1.NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
- A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Mobile application, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Mobile application (“End-User”, “you” or “User”); or
- Otherwise a user of the Mobile application (“you” or “User”).
This Agreement applies to those services made available by Mycare on the Mobile application, which are offered 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 Mobile application;
- For Pathology Laboratories : Listing of Pathology Laboratories and their profiles and contact details, to be made available to the other Users and visitors to the Mobile application
- For other Users: Facility to (i) create and maintain ‘User Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Mycare, and (iii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Mycare, and the Agreement will apply to your visit to and your use of the Mobile application to avail the Service, as well as to all information provided by you on the Mobile application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Mobile application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing, hence, you should read the Agreement at regular intervals. Your use of the Mobile application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Mobile application or avail any Services.
Your access to use of the Mobile application and the Services will be solely at the discretion of Mycare.
The Agreement is published in compliance of, and is governed by the provisions of Kenyan laws, including but not limited to:
You must be 18 years of age or older to register, use the Services, or visit or use the Mobile application in any manner. By registering, visiting and using the Mobile application or accepting this Agreement, you represent and warrant to Mycare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Mobile application and the Services available through the Mobile application, and agree to and abide by this Agreement.
The terms in this Clause 3 are applicable only to Users other than Practitioners.
- 1 END-USER ACCOUNT AND DATA PRIVACY
- 1.2 MyMycare may by its Services, collect information relating to the devices through which you access the Mobile application, and anonymous data of your usage. The collected information will be used only for improving the quality of Mycare’s services and to build new services.
- 1.3 The Mobile application allows Mycare to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom Mycare will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- 1.6 Mycare 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 Mycare or to any other person acting on behalf of Mycare.
- 1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Mobile application. 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 Mycare of any actual or suspected unauthorized use of the User’s account or password. Although Mycare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mycare or such other parties as the case may be, due to any unauthorized use of your account.
- 1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mycare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mycare has the right to discontinue the Services to the said User / Users at its sole discretion.
- 1.9Mycare may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- 2 RELEVANCE ALGORITHM
Mycare’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Mobile application. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Mycare. Mycare 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. Such factors may change from time to time, in order to improve the listing algorithm. Mycare in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Mobile application.
- 3 LISTING CONTENT AND DISSEMINATING INFORMATION
- 3.1 Mycare collects, directly or indirectly, and displays on the Mobile application, relevant information regarding the profile and practice of the Practitioners listed on the Mobile application, such as their specialization, qualification, fees, location, visiting hours, and similar details. Mycare takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Mycare 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 Mycare 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). Mycare does not provide or make any representation, warranty or guarantee, express or implied about the Mobile application or the Services. Mycare does not guarantee the accuracy or completeness of any content or information provided by Users on the Mobile application. To the fullest extent permitted by law, Mycare disclaims all liability arising out of the User’s use or reliance upon the Mobile application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Mobile application, or any opinion or suggestion given or expressed by Mycare or any User in relation to any User or services provided by such User.
- 3.3 The Mobile application may be linked to the mobile application of third parties, affiliates and business partners. Mycare has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such mobile applications or made available by/through our Mobile application. Inclusion of any link on the Mobile application does not imply that Mycare endorses the linked site. User may use the links and these services at User’s own risk.
- 3.4 Mycare 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 Mobile application or the downloading of any material, data, text, images, video content, or audio content from the Mobile application. If a User is dissatisfied with the Mobile application, User’s sole remedy is to discontinue using the Mobile application.
- 3.5 If Mycare determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Mycare reserves the right to immediately suspend your access to the Mobile application or any of your accounts with Mycare and makes such declaration on the mobile application alongside your name/your clinic’s name as determined by Mycare for the protection of its business and in the interests of Users. You shall be liable to indemnify Mycare for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Mycare orits Users.
- 4 BOOK APPOINTMENT AND VIDEO CALL FACILITY
Mycare enables Users to connect with Practitioners through Book facility that allows Users to book an appointment through the Mobile application; which connect Users directly to the Practitioner’s on the Mobile application.
- 4.1 Mycare will ensure Users are provided confirmed appointment on the Book facility. However, Mycare has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
- 4.3 The results of any search Users perform on the Mobile application for Practitioners should not be construed as an endorsement by Mycare 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.
- 4.4 Without prejudice to the generality of the above, Mycare 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 Mycare 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 behaviour 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, provided these have been addressed to under.
- 4.5 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, Mycare 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 Mobile application.
- 4.6 In case of where the User does not turn-up at the concerned Practitioner’s clinic: who booked an appointment thorugh Mobile application using the Book Appointment facility, without cancelling or informing the Practitioner in advance about the same. In such scenario consultation fee paid by users will not be refunded and same shall be given to concerned practitioners as per payment policy.
- Mycare reserves the right to make the final decision in case of a conflict.
- 4.7 Cancellation and Refund Policy
- In the event that, the Practitioner with whom User has booked a paid appointment via the Mobile application, has not been able to meet the User, User will need to write to us at support@Mycareafrica.co.ke within 24 hours from the occurrence of such event; in which case, the entire consultation fee as mentioned on the Mobile application will be refunded to the User within the next 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 i.e. 24 hours prior to appointment time, the amount will not be refunded.
- 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 Mobile application (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 Mycare 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 Mycare, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile application 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 Mobile application. 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 your nearest doctor, family doctor and/ or nearest hospital directly.
The Users expressly understand, acknowledge and agree to the following set forth herein below:
- In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on Mycare’s Mobile application.
- In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
- The Users agree to use the advice from Practitioner on the mobile application pursuant to:
- a)an ongoing treatment with their medical practitioner;
- b)a condition which does not require emergency treatment, physical examination or medical attention;
- c)medical history available as records with them for reference;
- d)a record of physical examination and report thereof with them, generated through their local medical practitioner;
- e)Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- The User agrees that by using video call facility, the Practitioners on video call will not be conducting physical examination of the Users, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
- The User understands that video call facility shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in Kenya, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than Kenya, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
- During the consultation and thereafter, the Practitioner may upload the prescription/records of the User on the account of the User for access of the User. However, it is expressly clarified that for Users not located within Kenya and using video call facility, the Practitioner may or may not issue a prescription, at his sole discretion.
- Medical history / records / prescription available in the folder of user on this mobile application shall not be seen by any other user / doctor and by Mycare, and its directors, officers employees, contractors, partners, sponsors, advertisers, licensors or otherwise without express permission given by the said
- Notwithstanding anything contained herein, Mycare in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
The User further understands that Mycare may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number which is provided by Practitioner, based on the Practitioner’s settings. However and notwithstanding anything to the contrary in this Agreement, Mycare does not take responsibility for timeliness of such communications.
- This application, is merely a consulting model, any interactions and associated issues with the Practitioner on video call 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 Mycare responsible for any such interactions and associated issues.
- Any conversations that the Users have had with the Practitioner will be retained in Mycare database as per HIPPA [Health Insurance Portability and Accountability Act,1996] and GDPR [the General Data Protection Regulation] compliance and subject to confidentiality as well as follow the best standard practice to secure data of users available in industries.
- User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
- If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Mycare shall not be responsible for any breach of service or service deficiency by any Practitioner.
- The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Kenyan laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in Kenya and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Mobile application. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than Kenya, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
- The User shall indemnify and hold harmless Mycare and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Mobile application by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- If User decides to use the payment gateway to make payments online, it is solely at User’s discretion. Should there be any issues with regard to the payment not reaching the Mycare Wallet’s account, please reach out tosupport@Mycareafrica.co.ke
- 6.3 Cancellation and Refund Policy:
- For cancellation and refund policy, read more___.
- My care is intended for general purposes only and is not meant to be used in emergencies/serious/critical 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 User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Mobile application or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Mycare shall not be held liable.
- Mycare is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
- 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.
- 6.5 Terms for Practitioners:
- The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Mycare shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/Mycare application; Read more on guidelines here.
- The Practitioner understands and agrees that, Mycare shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
- The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
- The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
- The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
- The Practitioner acknowledges that should Mycare find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Mycare shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
- The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Mycare will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@Mycareafrica.co.ke
- It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
- The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
- The Practitioner understands that Mycare makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Mycare liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Mycare.
- It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Mycare shall not be liable for any errors in the information included in any communication between the Practitioner and User.
- The Practitioner shall indemnify and hold harmless Mycare and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
- Read more on Settlement Policy here.
- 8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- 8.1 The contents listed on the Mobile application are (i) User generated content, or (ii) belong to Mycare. The information that is collected by Mycare directly or indirectly from the End- Users and the Practitioners shall belong to Mycare. Copying of the copyrighted content published by Mycare on the Mobile application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Mycare reserves its rights under applicable law accordingly.
- 8.2 Mycare authorizes the User to view and access the content available on or from the Mobile application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Mobile application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Mobile application (collectively, “Mycare Content”), are the property of Mycare and are protected under copyright, trademark and other laws. User shall not modify the Mycare Content or reproduce, display, publicly perform, distribute, or otherwise use the Mycare Content in any way for any public or commercial purpose or for personal gain.
- 8.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Mycare may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Mycare’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with Mycare ecosystem, eg: appointment, medicine order placed by you.
- 9.2 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Mycare is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Mycare.
- 9.3 Mycare uses industry–level security and encryption to your Records. However, Mycare 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 Mycare of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Mycareafrica.co.ke.
- 9.4 If you access your dependents’ Records by registering your dependents with your own Records, you are deemed to be responsible for the 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 right to share, upload and publish any sensitive personal information of your dependent. Mycare assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Mycare and its officers against any such claim or liability arising out of unauthorized use of such information.
- 9.5 In case you want to delete your Records, you can do so by applying delete option available on mobile application. However only your account and any associated Records will be deleted, and your Records stored by your Practitioners will continue to be stored in their respective accounts.
- 9.6 You may lose your “User created” record, if the data is not synced with the server.
- 9.7 If users Record is unassessed for a stipulated time, you may not be able to access your Records due to security reasons.
- 9.8 Mycare is not liable if for any reason, Records are not delivered to you or are delivered late despite its best efforts.
- 9.9 The Records are shared with the phone numbers that are provided by your Practitioner. Mycare is not responsible for adding the Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
- 9.10 Mycare is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Records whatsoever. Your Practitioner is solely responsible and liable for your Records and any information provided to us including but not limited to the content in them.
- 9.11Mycare has the ability in its sole discretion to retract Records without any prior notice if they are found to be shared incorrectly or inadvertently.
- 9.12 Mycare will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Records for any reason.
- 9.13 You agree and acknowledge that Mycare may need to access your Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- 9.14 You acknowledge that the Practitioners you are visiting may engage Mycare’s software or third party software for the purposes of the functioning of the Practitioner’s business and Mycare’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Kenya and outside Kenya, in accordance with the applicable laws.
- 9.15 To the extent that your Records have been shared with Mycare or stored on any of the Mycare 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 Mycare pertaining to such previously visited clinics and hospitals who have tie ups with Mycare for the purposes of their business and for Mycare’s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in Kenya and outside Kenya, in accordance with the applicable laws and further agree, upon creation of your account with Mycare, to the mapping of such Records as may be available in Mycare’s database to your User account.
The terms in this Clause 4 are applicable only to Practitioners..
- 1 LISTING POLICY
- 1.1 Mycare, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Mycare 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 Mobile application in connection with you and your profile is found to be incorrect, you are required to inform Mycare immediately to enable Mycare to make the necessary amendments.
- 1.2 Mycare shall not be liable and responsible for the ranking of the Practitioners on external mobile applications and search engines
- 1.4 Mycare 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 Mobile application. However, Mycare shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Mobile application.
- 1.5 Practitioners explicitly agree that Mycare reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
- 1.6 You as a Practitioner 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 Mycare accepts no liability for the same.
- 2 PROFILE OWNERSHIP AND EDITING RIGHTS
Mycare ensures easy access to the Practitioners by providing a tool to update your profile information. Mycare reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Mycare takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You 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 Mycare’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, Mycare may modify or delete parts of your profile information at its sole discretion with or without notice to you.
- 3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MYCARE
- 3.1 All Critical Content is content created by the Users of (“Mobile application”) and the clients of Mycare customers and Practitioners, including the End-Users. As a platform, Mycare does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Mycare and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Mycare’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
- 3.2Mycare reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics, pharmacy and Healthcare Providers listed on the Mobile application.
- 3.3Mycare shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
- 3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Mycare 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. Mycare however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users.
- 3.5 Mycare 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 Mobile application shall be applicable mutatis mutandis in relation to Critical Content posted on the Mobile application.
- 3.6 If Mycare determines that you have provided inaccurate information or enabled fraudulent feedback, Mycare reserves the right to immediately suspend any of your accounts with Mycare and makes such declaration on the mobile application alongside your name/your clinics name as determined by Mycare for the protection of its business and in the interests of Users.
- 5 INDEPENDENT SERVICES
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 Mycare.
Mycare reserves the rights to display sponsored ads on the Mobile application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Mycare will not be liable for the accuracy of information or the claims made in the Sponsored ads. Mycare does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Mycare will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these 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 Mycare accepts no liability for the same.
- 7 BOOK APPOINTMENT AND CALL FACILITY
- 7.1 As a valuable partner on our platform we want to ensure that the Practitioners experience on the Mycare booking platform is beneficial to both, Practitioners and their Users.
For all terms and conditions of Book facility on Mycare profile check Book Standards .
- 7.2 Practitioner understands that, Mycare shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Mycare.
- 8 PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of Kenya. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- 5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- 1 As mandated by Regulation 3(2) of the IG Rules, Mycare hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 any other nation.
- 2 Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Mobile application or any Mycare Content;
- transmitting any information through the Mobile application that is disruptive or competitive to the provision of Services by Mycare;
- intentionally submitting on the Mobile application any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Mobile application;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Mobile application;
- copying or duplicating in any manner any of the Mycare Content or other information available from the Mobile application;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- 3 Mycare, upon obtaining knowledge by itself or been 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 5.1 and
- 5 Mycare 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. The SPI Rules only permit Mycare to transfer sensitive personal data or information including any information, to any other body corporate or a person in Kenya, or located in any other country, that ensures the same level of data protection that is adhered to by Mycare as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mycare or any person on its behalf and the User or where the User has consented to data transfer.
- 6 Mycare respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
- 1 Mycare reserves the right to suspend or terminate a User’s access to the Mobile application 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;
- Mycare is unable to verify or authenticate any information provide to Mycare by a User;
- Mycare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Mycare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Mycare or are contrary to the interests of the Mobile application.
- 2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Mobile application 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 Mobile application 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.
- 7.LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Mycare, 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 Mobile application or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile application, 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:
- provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Mobile application;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Mobile application;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Mobile application or the Service.
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 Mobile application or the Services exceed, in the aggregate 1,000/- (Kenya Shillings One Thousand Only).
- 8.RETENTION AND REMOVAL
- Mycare may retain such information collected from Users from its Mobile application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary
- 9.APPLICABLE LAW AND DISPUTE SETTLEMENT
- 1 You agree that this Agreement and any contractual obligation between Mycare and User will be governed by the laws of Kenya.
- 2 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 Mobile application or the Services or information to which it gives access, shall be determined by arbitration in Kenya, before a sole arbitrator appointed by Mycare. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Nairobi. 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.
- 3 Subject to the above Clause 9.2, the courts at Nairobi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Mobile application or the Services or the information to which it gives access.
- 10.CONTACT INFORMATION GRIEVANCE OFFICER
- 1 If a User has any questions concerning Mycare, the Mobile application, this Agreement, the Services, or anything related to any of the foregoing, Mycare customer support can be reached at the following email address: email@example.com or via the contact information available from the following:–.
- 2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Mobile application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
In the event you suffer as a result of access or usage of our Mobile application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.
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 Mycare. Any consent by Mycare to, or a waiver by Mycare 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.
Once the user takes any services from My Care application the payment toward the service is not refundable and non-adjustable