Virtual Care

TERMS AND CONDITIONS OF USE

You should carefully read this information before using the Virtual Care Africa website and any related services.

You and Virtual Care Africa ("Virtual Care Africa", "VCA", "we", or "us") are bound by the terms and conditions listed below. VCA is the owner of virtualcare-africa.com (the "Site") and other websites, applications, services, and mobile applications that are related to the Site and on/in which these Terms of Use are posted or referenced (collectively, the "Services").

Your use of the Services is governed by the terms of use (the "Terms of Use"), our privacy policy (each of which is incorporated herein by reference), and other policies listed below (collectively, this "Agreement"). This applies whether or not you have an account. You are not permitted to use the Services unless you concur with and accept all of the conditions of this Agreement.

You accept this agreement's conditions, including those in our privacy policy, by using our services and/or opening an account with us. You are unable to utilize the services if you do not concur with this agreement.

You represent that you have the right to accept this Agreement on behalf of any other person or entity if you register an account or use the Services on their behalf.

1. About the Virtual Care Africa Site

Without having an VCA account, you can access some Services. You must register an VCA account and give certain basic information about yourself in order to take advantage of all of the Services we provide. By doing so, you enable VCA to use and share your information as set forth in our Privacy Policy.

You acknowledge that while some Content may be provided by healthcare professionals, the provision of such Content does not establish a doctor-patient relationship and does not constitute medical advice, a diagnosis, or a course of treatment. Instead, it is offered to help you select a physician, dentist, or other type of healthcare specialist (collectively, "Healthcare Provider").

Even though we make a reasonable effort to deliver accurate content to you, we make no promises, representations, or warranties — either explicit or implicit — regarding a professional's credentials, expertise, work quality, price or cost information, insurance coverage or benefit information, or any other content made available through the services. We will not ever be held responsible to you or anyone else for any choices you make or actions you take as a result of reading such content. Additionally, we do not in any way support or endorse any person or organization that is mentioned on or accessible through the services.

2. VCA Does Not Provide Medical Advice

You may only use the Content that you gain or receive from VCA, its agents, contractors, associates, sponsors, partners, advertisers, licensors, or other third parties through the Services for informative, scheduling, and monetary purposes. All medically related material, including but not limited to information presented, originates from independent healthcare professionals and organizations and is solely meant to be used for informational purposes.

Although we hope the information is helpful for you as you navigate the healthcare system, it is not meant to be a replacement for expert medical advice, diagnosis, or treatment. Under no circumstances should you ignore, avoid, or put off getting medical advice from a licensed healthcare professional.

Use the services just as needed, not in an emergency. Call your nearest hospital or a healthcare provider right away if you have a medical emergency. The content is used entirely at the user's own risk. Nothing on the website, in posts, or through any services is meant to be, and should not be construed as, the practice of medicine, dentistry, nursing, or any other branch of professional healthcare advice, or the delivery of healthcare services.

3. No Doctor Patient Relationship

You can access content that is shared with you by doctors, dentists, nurses, and other healthcare providers through the services, but using this content does not replace getting medical attention. Utilizing the services or material does not establish a patient/licensed medical professional relationship. This holds true regardless of whether the content is offered through or in conjunction with the services, through any other communications from VCA, such as, but not limited to, the "book a doctor" feature or any other support we may offer to assist you in locating a qualified healthcare practitioner in any sector.

Although VCA urges healthcare providers to use the services appropriately, we have no control over them and cannot ensure their availability at all times. Any harm or loss resulting from missed or otherwise unfulfilled appointments, as well as any other harm or loss originating from, arising from, or connected to the use of the Site or Services in any way, are not our responsibility.

4. Acknowledgement and Important Information About Healthcare Provider Relationships and Healthcare Providers Listed on VCA

• It is your responsibility to select the healthcare provider who will best meet your needs. This includes, but is not limited to, evaluating the provider's specialization, experience, credentials, licenses, and other pertinent information that may have an impact on your treatment.

• VCA takes a limited number of measures to ensure that Healthcare Providers using the Services has the proper licenses, certifications, or registrations needed by law to perform the specialty of the services they are providing. Healthcare Providers who, in VCA's sole opinion, have engaged in unethical or unprofessional conduct may also be excluded from our Services.

• Healthcare Providers who are listed through the Services sign agreements with us and might pay us a fee to be advertised through or to use the Services. We shall give you lists and/or profiles of healthcare providers to assist you in locating those who might be a good fit for your needs as well as to permit the greatest variety and participation of healthcare providers in the Services. These outcomes are based on the data you give us, including information about your insurance, geography, and medical specialization.

• VCA does not support, suggest, or make any representations or warranties about any Healthcare Providers, including the quality of any healthcare services they might offer.

• VCA may display advertising, sponsored results (also known as "Sponsored Results"), or premium listings (also known as "Premium Listings") to you on the Site, including above the default set of search results. In exchange for supplying Sponsored Results or Premium Listings, VCA might be paid more money by Healthcare Providers. The Healthcare Provider is not being recommended or endorsed by VCA in any way by the display of Sponsored Results or Premium Listings through the Services, and this interpretation should be avoided.

5. The Services and Content Are Created for Informational and Educational Purposes

The Services are a resource for site visitors, customers, and healthcare providers in terms of information and education. We may post Content through the Services, but we are not obligated to do so. No party involved in the creation or publication of such works, including VCA, makes any warranty as to the timeliness, accuracy, or completeness of the Content, and they disclaim all responsibility and liability for any mistakes or omissions in, or for the outcomes of the use of, such Content.

"Content" refers to information, suggestions, guidance, text, data, graphics, pictures, photographs, video, audio, and other materials that are offered and found through the Services and/or Site, including without limitation Content that is directly in response to your queries or posts on the Site.

Healthcare Professional and Practice Only broad reference purposes are intended for content. Healthcare Provider Content could be from the healthcare provider, their employees, numerous other data sources, or even unconfirmed sources. Such content may regularly change and could eventually become outdated, lacking, or incorrect. Neither the Site nor VCA offer any recommendations or qualifications for any Healthcare Provider.

Not all people, patients, or clinical situations will be suitable candidates for the procedures, products, services, and technologies mentioned and/or marketed through the Services. Any procedures, products, services, or devices advertised through the Services by advertisers, sponsors, and other users, whether paid or unpaid, are presented for your information and do not necessarily imply safety or appropriateness for any specific person or a prediction of effectiveness, outcome, or success. We make no claims in this regard.

Insurance and associated content, such as coverage and benefit information ("Insurance Content"), is only provided for general informational purposes for your convenience. Insurance content can constantly change and risk becoming outdated, uncompleted, or incorrect. While VCA works to give you accurate insurance information so you may choose a doctor who accepts that insurance or compare insurance plans with confidence, we cannot be held liable for any insurance information that is unreliable, incomplete, or out-of-date.

6. Your Personal Information

We place a high priority on maintaining the security of your data and safeguarding patient privacy. The information you voluntarily share with VCA, such as your name, address, and contact information, insurance information, medical history and current medical needs, billing information, and other personally identifiable information (collectively, "Personal Information"), may be used, shared, and maintained in accordance with the terms of our Privacy Policy. We strongly advise reading our Privacy Policy.

7. Your Responsibilities

7.1 Your Account Credentials

An email address and a password are the two pieces of information you must submit when creating an VCA account (collectively, "Credentials"). You should not divulge your Credentials to anyone else and should keep them confidential. If your password has been lost, stolen, or otherwise compromised, you must immediately contact us by sending an email to info@virtualcare-africa.com. You might also be able to access the Services through a service provided by a third party, such Facebook or Google. If you access the Services using a third-party service, you authorize us to keep your log-in information for that third-party service as well as access and use your information as permitted by that third-party service. VCA has no control over and accepts no liability for the accuracy, content, privacy policies, or any other aspect of this website or any actions taken by or viewpoints expressed by such a third party.

7.2 Your Responsibilities Generally

Users can use the Service for free, but you are still in charge of paying for your medical bills. Any medical or associated services provided by Healthcare Providers will be subject to normal, customary, and any additional fees; these fees are solely your obligation to pay. All information that you give to VCA must be correct and current, and this is your responsibility. Several circumstances, including your insurance involvement, may prevent you from receiving some Services from VCA or your healthcare provider. In the end, you must deal directly with the Healthcare Provider in any disagreement you may have with that party resulting from any transaction under this agreement.

The Services and your Credentials may be used by anybody, including those to whom you have given your Credentials, but you are solely liable for all such uses. Only legitimate, non-commercial uses are permitted for the Site and Services. You are prohibited from using the Site in any way that could harm, disable, or impair our servers or obstruct someone else from using the Site or the Services.

In addition to our legal options and the rights outlined in these Terms of Use, we are free to use any technological solutions and take any legal action necessary to stop violations of the limitations set forth herein and to enforce these Terms of Use.

7.3 Responsibilities of Healthcare Providers

Regardless of whether you keep an account with VCA or arrange or plan to make appointments using the Services, if you work as a healthcare provider or another individual or organization in the medical or healthcare fields, you acknowledge and concur that:

(a) Other than for your own private use as a patient or prospective patient, you will not use the Services to view, access, or otherwise use price, availability, or other Content.

(b) You will not engage in or seek to engage in price fixing or use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any good or service.

(c) You won't engage in any anti-competitive, dishonest, or unfair practices through the Services, either directly or indirectly, or violate any other applicable country-specific Medical Practitioner Regulations, antitrust, competition, or consumer protection laws.

8. Acceptable Use Policy

You agree that your use of the Services is subject to your compliance with the following requirements:

you may not use your Account to impersonate any person, or stalk or harass another person;
you may not use the Services or your Account in a fraudulent or illegal manner;
you may not intentionally or recklessly use the Services in a way that materially adversely impacts upon the performance of our Services for other Providers or Customers;
if you are a Provider, you must use your best endeavors to contact a patient promptly if you become aware that you will not be able to fulfil such patients’ appointment. We may terminate your Account if you repeatedly are unable to fulfil patients’ appointments in a timely manner. Before we terminate your Account, however, we will provide you with written notice of such problems and give you a reasonable opportunity to remedy them; and
if you are a Customer, when making an appointment with a Provider, you must genuinely intend to attend that appointment. We may terminate your Account if you repeatedly do not show up to appointments that you have made and have not cancelled that appointment with reasonable notice to the Provider.

9. Changes to The Services

9.1 Changes to the Services and New Services

We reserve the right to periodically add new features to the Services, replace an existing Service with a new Service, or stop providing an old Service altogether. The usage of any new services shall be regulated by this Agreement, and under no circumstances will VCA be accountable for any suspension or cessation of any of the Services or portion thereof.

9.2 Additional Terms

Some Services might have additional terms (such as, without limitation, terms and conditions, rules and guidelines) that will supplement this Agreement and further regulate your use of such Service. Such extra terms might be given to you if you decide to sign up for, access, or use any such services. You consent to abide by any such added terms by using those Services.

10. Links to Other Websites

You could come across links to other websites while using the Services. We merely offer these links for your convenience and do not recommend these websites or the goods and services they offer. You realize and accept that the content and accuracy of these other websites are not our responsibility or liability. Although we make an effort to link to reliable websites, it is possible that they could contain content that is offensive, illegal, or untrue. As a result, we cannot be held accountable or liable for the content's legality or decency on other websites that you may visit through our links.

11. Content You Post or Submit

As soon as you register for an account on VCA, you will have the option to share feedback on your interactions with Healthcare Providers you locate through the Services, as well as in any other area of the website where you can post a question or comment. When giving Posted Information, it's critical that you conduct yourself appropriately. You also consent to the posts being made public and open to viewing by anyone by posting on our Service.

VCA reserves the right to look into any alleged violations of these Terms of Use and, at our discretion, to take appropriate legal action, including without limitation, removing any infringing communications from the Services, terminating the accounts of such violators, or preventing you from using the Services.

12. Your Use of Content

Virtual Care Africa owns all of the Content that is made available on the Site or through any service that VCA provides, and it is all legally guarded by copyright, trademark, and international agreements.

13. Disclaimer

By using the VCA website and services, you agree that we have no control over, and are not obligated to take any action with respect to, the following: which users have access to the website and/or services; the content you access; the potential effects of the content on you; how you may use or interpret the content; or the actions you may take as a result of having been exposed to the content.

You absolve us of any responsibility for the Content you have obtained, whether you intend to use it or not. Regarding suggestions or recommendations of services or goods provided or purchased through the Site and/or the Services, we make no representations or warranties. Users' information, as well as any other data or information sent or received through the services, is not guaranteed to be accurate, reliable, current, or complete by us.

Regarding the features or information systems made available through the services or any other security relating to the transmission of sensitive information, VCA provides no warranty. VCA makes no guarantees that the site or the services will function without bugs, errors, or flaws; that data loss won't happen; or that the services, software, or site are free of viruses, contaminates, or other potentially harmful elements.

14. General Limitation of Liability

Your only and sole remedy for any problem with us is the deletion of your account, even though we constantly work to enhance the VCA Service and guarantee that every user has the greatest experience possible. In no instance shall we be responsible to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential, or exemplary damages resulting from your use of, or failure to use, the site and/or the services. Even if we knew or should have known that such damages might occur, these exclusions apply to any claims for lost revenue, lost data, lost goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers used as a result of using the services.

15. Termination

We may attempt to contact you to assist you in using the Service properly if you are having issues or if we notice that you may be using the Service in a manner that would violate our Terms of Use. If there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services, regardless of whether it was by you or someone using your Credentials, we reserve the right, if we determine it is best, to immediately terminate, suspend and/or deactivate your account without prior notice. In addition, we reserve the right to terminate, suspend, or deactivate your account for any other reason, including persistent inactivity. Any termination, suspension, or deactivation of your access to the Site and/or the Services shall not subject VCA to any liability to you or any third person. All Sections shall remain in effect even if these Terms of Use are terminated or expire.

16. Indemnification

By using the Site and VCA Service, you consent to protecting us, our staff, contractors, officers, directors, agents, parent company, and other affiliates from all liabilities, claims, demands, and costs, including legal fees, resulting from or connected to: your use of the Site and/or Services; the violation of this Agreement (including without limitation the Terms of Use); or the infringement of any intellectual property or other right of any person or entity.

17. Miscellaneous

17.1 Electronic Contracting

Your use of the Services, the creation of an account, and your acceptance to engage into agreements with us electronically all represent your electronic signing to this acceptance, our Privacy Policy, and any Additional Terms.

Before making an account with us, we strongly advise all new users to study our Terms of Use, Privacy Policy, and any other policies or guidelines.

17.2 Changes to These Terms of Use

The Terms of Use's effective date is indicated at the top of this page. Any significant changes will be communicated to you by putting a notice on this website. After the new Terms of Use go into effect, if you use the Services again, you are agreeing to them. We advise you to frequently check this page for the most recent Terms of Use information. Any revised Terms of Use take precedence over all earlier versions. After the terms of use are changed, you must stop using the services right away if you do not agree with the new terms.

17.3 Limitation of Claims

You are not permitted to file a claim related to this Agreement, regardless of its format, more than one (1) year following the claim's first cause of action; claims filed after that date are permanently prohibited.

17.4 Severability

The remaining sections of this Agreement shall remain in effect even if one or more of them are determined to be invalid, unlawful, or unenforceable for any reason. If no such provision is valid, legal, and enforceable, the invalid, illegal, or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect. In addition, the invalid, illegal, or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlies the invalid, illegal, or unenforceable provision.

17.5 Arbitration – Choice of Law Clause

We hope that using the VCA Site and Services will be enjoyable for you, and that if there is ever a problem, we can resolve it together. However, if a dispute needs to be settled further, it will be done in accordance with this provision. In line with Kenyan law, which is applicable to contracts made and to be performed solely within Kenya, this agreement shall be assumed to have been entered into and shall be interpreted and enforced accordingly. You accept that any disagreements between you and us—regardless of whether they involve a third party—will be settled by individual, binding arbitration in accordance with the arbitration rules of The Chartered Institute of Arbitrators (Kenya Branch). The arbitrator shall not have the authority to award damages, remedies, or awards that are inconsistent with these Terms of Use or the Agreement, notwithstanding any provision of applicable law.

17.6 Entire Agreement

The Privacy Policy and any additional terms, policies, rules, and guidelines made available through the Services, together with this Agreement, make up the complete agreement between you and us and supersede any prior written or oral understandings. If any part of this Agreement is determined to be invalid or unenforceable, that part must be interpreted in a way that reflects, as closely as practicable, the original intentions of the parties, and the remaining parts shall remain in full force and effect. Any right or provision of this Agreement that VCA fails to assert or enforce shall not be considered waived by VCA.

17.7 Eligibility

To open an account with us or make use of the website and services, you must be at least 18 years old. You can only use the Site or Services if you are 16 to 18 years old, or the legal age in your country of residence, and your parent or legal guardian has approved these Terms of Use. The Site and Services are not intended for users under the age of 16. A minor under the age of 16 may use the Site or Services with the consent of their parents or legal guardians. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the minor's parent or legal guardian and that, in these Terms of Use, references to "you" refer to the minor in question or to any other person for whose benefit you have obtained the right to enter into these Terms of Use, as well as to you in your capacity as the minor's parent or legal guardian or as the person who has the authority to enter into these Terms of Use on their behalf.

17.8 Important

Use the Site and Services only if you are eligible to do so under these Terms of Use. You guarantee and indicate that you are qualified to enter into these Terms of Use by using the Site and/or the Services. The Site is managed in Kenya and is exclusively meant for users in Kenya and throughout Africa. Any local laws that apply to the use of the Services or the Site by Users must be complied with.