Terms of Use

Effective date for updated policy: 1st July 2018

This document contains important information that you need to consider before using the My Health Africa Website and associated Services.

The following terms and conditions constitute an agreement between you and My Health Africa Group Limited (“My Health Africa”, “MHA”, “we”, or “us”), the owner of myhealthafrica.com (the “Site”) and related websites, applications, services and mobile applications provided by MHA and on/in which these Terms of Use are posted or referenced (collectively, the “Services”).

The terms of use (the “Terms of Use”), together with our Privacy Policy (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account. You must agree to and accept all of the terms of this Agreement, or you don’t have the right to use the Services.

By using and/or by creating an account with us, you agree to the terms of this agreement, including the information in our privacy policy. If you do not agree with this agreement, you cannot use the services.

If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1 About the My Health Africa Site

Portions of the Services can be viewed without an MHA account. To benefit from all the Services we offer, you need to create an MHA account and provide certain basic information about yourself, which you authorize MHA to use and disclose as described in our Privacy Policy.

You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, organization, or agents or affiliates thereof (collectively, “Healthcare Provider”).

While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.

2 MHA Does Not Provide Medical Advice

The Content that you obtain or receive from MHA, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared, comes from independent healthcare professionals and organizations and is for informational purposes only.

While we hope the content is useful in your healthcare journey, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider, under any circumstance.

Do not use the services for emergency medical needs. If you experience a medical emergency, immediately call a healthcare professional or your nearest hospital. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional healthcare advice, or the provision of medical care.

We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations, your country’s Medical Practitioners Boards.

3 No Doctor Patient Relationship

Doctors, dentists, nurses, and other medical professionals use the services to share content with you, but your use of this content is not a substitute for healthcare. No licensed medical professional/patient relationship is created when you use the services or content. This is true whether such content is provided by or with the services or through any other communications from MHA including, without limitation, the “book a doctor” feature or any other assistance we may provide to help you find an appropriate healthcare provider in any field.

MHA encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.

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

In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:

  • You are responsible for choosing your own healthcare provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care.
  • MHA takes certain limited steps to verify that Healthcare Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services. MHA may also exclude Healthcare Providers from our Services who, in MHA’s discretion, have engaged in inappropriate or unprofessional conduct.
  • Healthcare Providers listed through the Services enter into contracts with us and may pay us a fee to be marketed through or to use the Services. To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty.
  • MHA does not recommend or endorse any Healthcare Providers, nor does MHA make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide.
  • MHA may show you advertisements, sponsored results (“Sponsored Results”), or premium listings (“Premium Listings”) on the Site, including above the basic search results. MHA may receive additional fees from Healthcare Providers for providing Sponsored Results or Premium Listings. Sponsored Results or Premium Listings shown through the Services are not, and should not be considered, an endorsement or recommendation by MHA of the Healthcare Provider.

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

The Services are an informational and educational resource for site visitors, consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services. No party, including MHA, involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

“Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided and found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings on the Site.

Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff and/or collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor MHA provides any advice or qualification certification about any Healthcare Provider.

Procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any individual or prediction of effectiveness, outcome or success.

Insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and for your convenience only. Insurance Content can change frequently and may become out of date, incomplete or inaccurate. MHA strives to provide you with accurate Insurance Content to help you book a doctor that accepts that insurance cover or to make an informed decision on different insurance covers, however we are not responsible for any inaccurate, incomplete or outdated Insurance Content.

6 Your Personal Information

Protecting patient privacy and keeping your information secure is important to us. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with MHA, which may include, without limitation, your name, address and contact information, insurance information, medical history and current medical needs, billing information, and other personally identifiable information (collectively, “Personal Information”). We highly encourage you to review our Privacy Policy.

7 Your Responsibilities

7.1 Your Account Credentials

When you create an MHA account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to techhelp@myhealthafrica.com. You may also be able to connect to the Services through a third-party service, such as Facebook or Google. If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by such third-party service, and to store your log-in credentials for such third-party service. MHA has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third-party.

7.2 Your Responsibilities Generally

The use of the Service is free for users, but you are still responsible for your healthcare expenses. Normal, standard and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility to cover the cost of these services. You are responsible for ensuring that all information that you provide to MHA is accurate and up-to-date. Some Services may not be available through MHA or your Healthcare Provider depending upon several factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.

You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable or impair our servers or interfere with any other party’s use of the Site or the Services.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

7.3 Responsibilities of Healthcare Providers

If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with MHA or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:

    1. (a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.

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

(c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate 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 endeavours 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 may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will MHA be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.

9.2 Additional Terms

Some Services may have additional terms (including, without limitation, terms and conditions, policies and guidelines) that will further govern your use of that Service and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms.

10 Links to Other Websites

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are unpleasant, illegitimate, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed in those other websites.

11 Content You Post or Submit

Once you create an account on MHA, you will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services or in any other section on the Site where you are able to post a question or comment. It is important that you act responsibly when providing Posted Information. By posting on our Service, you also agree that the posts are made public and can be viewed by anyone.

MHA reserves the right to investigate and, at our discretion, take appropriate action against anyone who violates these Terms of Use, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services.

12 Your Use of Content

All of the Content listed on the Site or on any Service offered by MHA is owned by My Health Africa and is protected by copyright, trademark and international treaties.

13 Disclaimer

By using the MHA site and Services, you acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what Content you access; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take because of having been exposed to the Content.

You release us from all liability for you having acquired or not, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the services or any other data or information provided or received through the services.

MHA makes no warranties about the functions or information systems made accessible through the services or any other security associated with the transmission of sensitive information. MHA does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

14 General Limitation of Liability

While we’re always striving to improve the MHA Service and ensure all our uses have the best experience, your sole and exclusive remedy for any dispute with us is the cancellation of your account. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers utilized through use of the services, even if we knew or should have known of the possibility of such damages.

15 Termination 

If you are having trouble using the Service or if we have noticed that you may be using the Service in a way that may be breaching our Terms of Use, we may try and contact you to help you use the Service correctly. However, we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services regardless if it is by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. MHA shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. All Sections shall survive any termination or expiration of these Terms of Use.

16 Indemnification

By using the Site and MHA Service, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to: your use of the Site and/or Services; the violation of this Agreement (including without limitation the Terms of Use), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials.

17 Miscellaneous

17.1 Electronic Contracting

Your use of the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and any Additional Terms, and your consent to enter into such agreements with us electronically.

We strongly suggest that all new users review our Terms of Use, Privacy Policy and any other policies or guidelines before creating an account with us.

17.2 Changes to These Terms of Use

The effective date of this Terms of Use is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Terms of Use. We encourage you to periodically review this page for the latest information on Terms of Use. Any amended Terms of Use supersedes all previous versions. If you do not agree to future changes to this Terms of Use, you must immediately stop using the services after the effective date of such changes.

17.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

17.4 Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such 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 and enforceable.

17.5 Arbitration – Choice of Law Clause

We hope that you will have a positive experience using the MHA Site and Services and that if you have a disagreement, we can work this out together. However, if there is a dispute that needs to be further resolved, that process will take place according to this section. This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Kenya, as applied to contracts made and to be performed entirely within Kenya. You agree that all disputes between you and us (whether or not such dispute involves a third party), will be resolved by binding, individual arbitration under The Chartered Institute of Arbitrators (Kenya Branch)’s rules for arbitration. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.

17.6 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MHA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.7 Eligibility

You must be 18 years of age to create an account with us or use the Site and the Services. If you are between the ages of 16 and 18 or the applicable legal age in your country of jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 16 may not use the Site or Services. Parents or legal guardians of a minor under the age of 16 may use the Site or Services on behalf of such minor. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such minor, and that all references in these Terms of Use to “you” shall refer to such minor or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such minor or as the authorized party of such individual.

17.8 Important

If you do not qualify under these Terms of Use, do not use the Site or Services. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in Kenya and intended for users in Kenya and across Africa only. Users are responsible for compliance with any local laws applicable to their use of the Services or the Site.