Terms and Conditions

Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Physician Helpline Service provided by HealthX, and the website located at https://www.healthxafrica.com/ ("Site"). If you do not accept these Terms and Conditions or meet or comply with their provisions, you may not use the Physician Helpline Service. By subscribing to/using the Physician Helpline Service, you hereby acknowledge that you are familiar with these terms and any changes or modifications that may occur from time to time. These Terms and Conditions are effective as of September 1st 2021.

In this document, wherever we have said ‘you’ or ‘your’, this shall mean you (the customer), any authorised person on your account, anyone who deals with us on your behalf (such as agents, advocates, trustees or executors, attorneys under a Power of Attorney) and other related people (including authorised signatories, partners, members). If you are an insurance customer it also means you, named insured parties or beneficiaries under your policy, dependants, claimants and other third parties involved in an insurance policy or claim (such as witnesses).

Binding Agreement.

1.             These Terms and Conditions form a binding agreement (the “Agreement”) between you and HealthX. Your access to or use of the Physician Helpline Service indicates your acceptance of these Terms and Conditions. You are agreeing to use the Physician Helpline Service at your own risk.

Certain Definitions. 

 

2.             The following definitions apply to this Agreement.

2.1. “Physician Helpline Application” or the “Application” (collectively, the “Applications”) means any application under the control of HealthX, whether partial or otherwise and includes such Application’s Content, Text, Graphics, Design, Programming, Physician Helpline Materials and Services (as applicable in each context).

2.2.          “Content” includes all Text, Graphics, Design and Programming used on the Applications.

2.3.          “Services” means any services provided by HealthX or its agents described herein.

2.4.          “User” refers to any individual or entity that uses any aspect of the Applications.

2.5.          “You” or “you” means the person who (or the entity on behalf of whom such person is acting) is agreeing to these Terms and Conditions.

General Use Rules.  

3.             The Applications and the Services are intended for individuals seeking personal medical advice.  You may use the Applications and Services only for lawful purposes within the stated context of HealthX’s intended and acceptable use of the Applications and Services.

Other Specific Rules Regarding Usage

4.             You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Applications and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Services and Applications for any other purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Applications and Services complies with these Terms and Conditions and all applicable laws.

 

Services by Licensed Medical Practitioners.  

5.             You acknowledge that the Physician Helpline Services are being provided to You by HealthX and their licensed medical practitioners (the “Personnel”). You also acknowledge your awareness that the HealthX physicians you speak with are licensed with the Kenya Medical and Dental Practitioners Council (KMDPC).

Prohibited uses.

6.     In using the Site and platforms, you agree not to:

6.1.   Send or otherwise transmit to or through the Site and platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Sites and platforms or computers of any kind, and any unsolicited email and/or advertisement or promotion of goods and services; malicious software or code; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; any content that infringes a third party right or intellectual property; any content that may cause damage to a third party; any content which may constitute, cause or encourage a criminal action or violate any applicable law; Any illegal content

6.2.   Misrepresent your identity or affiliation in any way;

6.3.   Restrict or inhibit any person from using the Site and platforms, disclose personal information obtained from the Sites and Platforms or collect information about users of the Site and platforms;

6.4.   Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;

6.5.   Gain unauthorized access to the Site and platforms, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;

6.6.   Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Sites and platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

6.7.   Send or otherwise transmit to or through the Site and platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

6.8.   Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

6.9.   Violate any applicable laws or regulations in any way;

6.10.       Alter or modify any part of the content or services offered on or through the Site and platforms;

6.11.       Allow any other person to use the platforms with your registration or login information;

6.12.       Accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights;

6.13.       Breach or otherwise circumvent HealthX’s security or authentication measures;

6.14.       Assist or permit any persons in engaging in any of the activities described above.

Any breach of these Terms and Conditions of use shall result in the immediate revocation of the license granted without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

 

Limitations on Damages and Liability Limitations

7.             Limitations on Damages and Liability Limitations

7.1.          You assume all responsibility and risk for your use of the Physician Helpline Services, the internet and for your conduct on and off of the Applications, and You hereby acknowledge and agree that your use of the Application and the Services is on an “as is” and “as available” basis.

7.2.          You represent, warrant and agree that the views and suggestions expressed by HealthX under these Physician Helpline Services shall in no manner be construed by You as an endorsement of any such advice and views by the entity (e.g., your insurance, your employer or any other third party) providing HealthX services to you.

7.3.          You represent, warrant and agree that any and all advice provided to You by HealthX physicians shall depend in entirety on the accuracy of the description of the symptoms provided by You.

7.4.          While HealthX agree to maintain the confidentiality of the information provided by You, you acknowledge and agree that the calls made by You during the course of services provided by Physician Helpline Services may be recorded for quality control purposes and for the purpose of maintaining a record of your health information.

7.5.          Your acceptance of and compliance with the advice given by the Personnel shall be at your risk. In no event shall HealthX (or any of their officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) be liable for any damages whatsoever resulting from or arising under or in connection with the Application or the Services or the use or access to, or the inability to use or access the Applications and/or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not HealthX is advised of the possibility of such damages.

7.6.          You acknowledge and agree that You are not authorized by HealthX to provide medical advice to other persons based upon the advice You obtain from the Physician Helpline Services and that You bear sole responsibility for the consequences of providing such advice to any such other persons.

Quality, Functionality and Connectivity Issues. 

 

8.             Quality, Functionality and Connectivity Issues.

You acknowledge and agree that the quality, functionality, connectivity and/or availability of the Physician Helpline Services may be affected from time to time by circumstances within or outside of the control of HealthX. You also acknowledge and agree that HealthX, without any liability whatsoever, shall be entitled to refuse, limit, suspend, vary, or disconnect the Physician Helpline Services at any time, for any reasonable cause, including, but not limited, to the following.

8.1.          any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreements, etc., issued by any government/telecom or other regulatory authority.

8.2.          during technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment.

8.3.          to combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons.

8.4.          transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell Applications.

8.5.          if Physician Helpline Services are used in violation of any law, rule/regulation.

8.6.          any other reason which the Payer, in its sole discretion, deems reasonable and which warrants limiting, suspension or disconnection of Physician Helpline Service.

8.7.          HealthX shall not be responsible for any claims or damages arising out of technical failures, including failure of a telephone line, failure of servers, or the failure to implement system updates due to technical failure, whether such failure occurs before, during or after the completion of the Physician Helpline Services.

8.8.          HealthX and its Personnel shall not be responsible for or obligated to provide call-back Physician Helpline Service in the event of a dropped call or any other interruption of service.

Accuracy or Completeness of Content

9.           You hereby acknowledge and agree that.

9.1.          HealthX makes no warranties or representations regarding the accuracy or completeness of the content provided on or via the Physician Helpline Services and assumes no liability or responsibility for any (i) errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from your access to and use of the Physician Helpline Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein, (iv) any deletion of data or interruption or discontinuance of transmission to or from or through the Physician Helpline Services.

9.2.          HealthX is not responsible for any content or transactions that are contained or may be available outside the Physician Helpline Services.

Information submitted by you

10. Information submitted by you

10.1.       Any information that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive pro perty and shall not be returned to you.

10.2.       In addition to the rights applicable to any information, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

10.3.       You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

10.4.       By signing up for medical services, you agree to receive a) emails associated with processing your request,b) promotional emails, SMS and push notifications from HealthX

10.5.       You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address by country.

User Authentication. 

11.           Because user authentication on the Internet is difficult, HealthX cannot and does not confirm that each user is who they claim to be. Because HealthX does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Applications, in the event that you have a dispute with one or more users, you release HealthX from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Unauthorized Use.

12.           Unauthorized use of the Application may give rise to a claim for damages and/or be a criminal offence.

 

Application Links. 

13.           From time to time this application may also include links to other Applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the Application(s). We have no responsibility for the content of the linked Application(s). We do not control these third-party Applications or influence the data collected and are not responsible for their privacy policies. When you leave our Application, we encourage you to read the privacy policy of every Application you visit and understand your rights therein.

Cookies

14. We employ the use of cookies. By accessing HealthX, you agree to use cookies in agreement with the HealthX Medical Services' Privacy Policy. Most interactive Applications use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Application to enable the functionality of certain areas to make it easier for people visiting our Application. Some of our affiliate/advertising partners may also use cookies.

Amendments to this Agreement and Changes to Applications.

15.           HealthX may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Applications (or as otherwise stated in the any notice of such changes). Any use of an Application will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Application. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Application any longer. Any new or different terms supplied by you are specifically rejected by HealthX unless HealthX agrees to them in a signed writing specifically including those new or different terms. HealthX may change the Applications at any time.

Disclaimer

16. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Application and the use of this Application. Nothing in this disclaimer will:

•       limit or exclude our or your liability for death or personal injury;
•       limit or exclude our or your liability for fraud or fraudulent misrepresentation;
•       limit any of our or your liabilities in any way that is not permitted under applicable law; or
•       exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the Application and the information and services on the Application are provided free of charge, we will not be liable for any loss or damage of any nature.

 

Indemnity. 

17.           You agree to defend, indemnify, and hold harmless HealthX (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Applications, your use of the Services or your breach of this Agreement. HealthX shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Applicable Law. 

18.           Any dispute arising out of or in connection with these Terms and the Physician Helpline Services, including any question regarding the existence, validity or termination of the same, which is not settled by negotiation between the parties within Fifteen (15) days shall in the first instance be referred in accordance with the Arbitration Act (No. 4 of 1995) or any amendment or re-enactment therefore for the time being in force) to the decision of an Arbitrator appointed by mutual agreement between the Parties OR in default of such agreement the matter may be referred to the decision of Two (2) arbitrators one to be appointed by each party within Fifteen (15) days after having been required so to do by any or as the case may be either of the parties hereto OR in case the Arbitrators do not agree then the decision of an umpire appointed by the Arbitrators within One (1) month of their failure to do so OR in default of such Agreement the Parties may apply to the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch) within Fifteen (15) days to appoint an Arbitrator.

18.1.       The decision of the Chairman of the Chartered Institute of Arbitrators (Kenya Branch) on the choice of Arbitrator upon the parties hereto is final, binding and conclusive.

18.2.       Such Arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and subject to and in accordance with the provisions of the Arbitration Act (No. 4 of 1995) or its successor legislation;

18.3.       To the extent permissible by law, the determination of the Arbitrator shall be binding upon the parties hereto;

18.4.         The seat, or legal place of arbitration shall be Kenya.

18.5.         The governing law of arbitration shall be Kenyan law.

18.6.         The venue for hearings shall be Nairobi, Kenya; and

18.7.         The language to be used in the arbitration proceedings shall be English.These Terms and the Physician Helpline Services shall be governed by and construed in accordance with the law of Kenya Payment Authorization-Fees and Purchase Terms.

19.1.       By providing a credit card or other payment method accepted by HealthX (“Payment Method”), you are expressly agreeing that HealthX is authorized to charge to the Payment Method the applicable fees for your use of the Services, together with any applicable taxes. HealthX accepts Visa or MasterCard debit and credit cards, M-PESA in KES for payment.

19.2.       HealthX shall not trade with or provide any service to OFAC and sanctioned countries.

19.3.       You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing HealthX with your credit or debit card number and associated payment information, you agree that HealthX is authorized to immediately invoice your account for all fees and charges due and payable to HealthX hereunder and that no additional notice or consent is required. You shall be required to retain a copy of the transaction records and the policy document of HealthX. If your health plan, employer, or agency has arranged with HealthX to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with HealthX, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or insurance provider to determine if any Services will be reimbursed.

19.4.       Payment for upgrades will be deducted from your credit or debit card on a pro rata basis.

19.5.       You may pay for your Subscription fee only with credit, debit card and M-Pesa payments. We will charge your credit or debit card for your first Subscription Fee on the date that we process your order for your Subscription. If payment by M-Pesa you must action the payment. Once your credit or debit card is charged the first Subscription Fee, or M-Pesa payment is received we will begin provisioning your account.

19.6.       If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide us with new payment details and you are successfully charged within 30 days, your Subscription Period will be based on the original renewal date and not the date of the successful charge.

19.7.       If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. HealthX offers no guarantee that you shall receive any such reimbursement. HealthX reserves the right to modify or implement a new pricing structure by providing you with 7 days’ notice prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

19.8.       You shall be solely responsible for maintaining the confidentiality of your bank accounts and HealthX shall not be liable for any kind of theft or misuse of the same or any loss or damage arising out of or in relation to the use of your account.

Assignment

20. These Terms and Conditions are personal to you and are not assignable, transferable, or sub-licensable by you except with HealthX’s prior written consent. HealthX may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Contacts/Notices

21. If you have any questions about the Terms and Conditions or need to provide notice to, or communicate with, HealthX under the Terms and Conditions, please contact HealthX using the following contact details: support@healthxafrica.com