Terms & Conditions

Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Physician Helpline Service provided by HealthX Africa, 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 or 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).

These Terms and Conditions form a binding agreement ("the Agreement") between you and HealthX Africa. 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.

The following definitions apply to this Agreement:

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 Africa's intended and acceptable use of the Applications and Services.

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 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.

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

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

• •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 advertisement or promotion of goods and services, malicious software or code, or any illegal content.
• •Misrepresent your identity or affiliation in any way.
• •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.
• •Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing.
• •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.
• •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 than a human can reasonably produce in the same period by using a conventional web browser.
• •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.
• •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.
• •Violate any applicable laws or regulations in any way.
• •Alter or modify any part of the content or services offered on or through the Site and platforms.
• •Allow any other person to use the platforms with your registration or login information.
• •Access our servers or internal computer systems, interfere with the functionality of this website, gather or alter any underlying software code, or infringe any intellectual property rights.
• •Breach or otherwise circumvent HealthX Africa's security or authentication measures.
• •Assist or permit any persons in engaging in any of the activities described above.

Any breach of these Terms and Conditions shall result in the immediate revocation of the licence granted without prior notice to you. We reserve the right to deny you access to this website and its contents without prejudice to any available remedies at law or otherwise.

The following limitations and liability provisions apply to your use of the Physician Helpline Services:

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 the control of HealthX Africa. HealthX Africa, 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:

• •Any violation of applicable rules, regulations, orders, directions, notifications, or conditions of Licence Agreements issued by any government, telecom or other regulatory authority.
• •During technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems or equipment.
• •To combat potential fraud, sabotage, willful destruction, national security or any other force majeure reasons.
• •Transmission limitations caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints, or unavailability of suitable cell Applications.
• •If Physician Helpline Services are used in violation of any law or rule/regulation.
• •Any other reason which HealthX Africa, in its sole discretion, deems reasonable and which warrants limiting, suspension or disconnection of Physician Helpline Service.

HealthX Africa shall not be responsible for any claims or damages arising out of technical failures, including failure of a telephone line, failure of servers, or failure to implement system updates due to technical failure.

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

You hereby acknowledge and agree that:

The following terms govern information you submit to us:

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

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

From time to time this application may include links to other Applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked 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.

We employ the use of cookies. By accessing HealthX Africa, you agree to use cookies in agreement with the HealthX Africa 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 or advertising partners may also use cookies.

HealthX Africa 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 any notice of such changes). Any use of an Application will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Application any longer.

HealthX Africa may change the Applications at any time. Any new or different terms supplied by you are specifically rejected by HealthX Africa unless HealthX Africa agrees to them in a signed writing specifically including those new or different terms.

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 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.

You agree to defend, indemnify, and hold harmless HealthX Africa (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 Africa 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.

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 be referred to arbitration in accordance with the Arbitration Act (No. 4 of 1995). The following conditions shall apply to such arbitration:

• •The decision of the Chairman of the Chartered Institute of Arbitrators (Kenya Branch) on the choice of Arbitrator is final, binding and conclusive.
• •Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch).
• •To the extent permissible by law, the determination of the Arbitrator shall be binding upon the parties.
• •The seat, or legal place of arbitration shall be Kenya.
• •The governing law of arbitration shall be Kenyan law.
• •The venue for hearings shall be Nairobi, Kenya.
• •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.

The following payment terms apply to your use of HealthX Africa's Services:

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

If you have any questions about the Terms and Conditions or need to provide notice to, or communicate with, HealthX Africa under the Terms and Conditions, please contact us at support@healthxafrica.com.