‘App’ means an Android based mobile application which will allow Users to access the Service(s) we provide.
‘Business Day’ means any day other than a Sunday or Public Holiday in Kenya.
‘Charges’ means the prices for the supply of Services as stipulated the Company’s Website.
‘Company’ or ‘We’ or ‘Us’ or ‘Our’ or ‘Ourselves’ means _SasaHealth Limited (Company No. PVT-ZQUGMJ2) whose registered office is at Eldama Park, P. O. Box 48960-00100, Nairobi and includes the Company’s servants, agents, and any person or persons carrying goods under the contract with the Company
‘Company Website’ means www.sasadoctor.com
‘Customer Service Department’ means our customer service department for which the contact details can be found on the Company’s Website
‘Refund Policy’ means that although refunds are generally not payable, in certain circumstances, where the User has wrongly chosen the specified Service(s) or overpaid or had the unfortunate incident of the appointment not being met as a result of the medical practitioner’s lack and not due to the fault of the User or where a Force Majeure has subsisted for over four (4) weeks, strictly at our discretion, on a case to case basis and subject to the relevant procedures of complaint to the Customer Service Department being followed and which department shall gather any and all information necessary to enable us to make such decision on refunds.
‘Service(s)’ means the services offered through our website.
‘specified Service(s)’ means the specific services chosen after signing up to our online App and website.
‘Users’ or ‘You’ means the person who uses this website for the Services and ‘Your’ shall be construed accordingly.
‘Users with medical Insurance’ means the Users who have a current and valid medical insurance cover to cater for the costs payable for the usage of our Services.
‘Users without medical Insurance’ means the Users who do not have a current and valid medical insurance cover to cater for the costs payable for the usage of our Services.
‘Terms’ means these Terms and Conditions and
‘Working Hours’ means 9a.m. – 4 p.m. on a Business Day.
- OUR CONTRACT WITH YOU:
The Terms contained herein are two tiered, in that there are Terms for Users with medical insurance and Users without medical insurance.
In the event that You make a mistake in submitting information to Us, or You have any queries, concerns or complaints with regard to Our provision of the Service(s) to You, then please contact our Customer Support Team at _ (preferably an email address) or call us at (+).
When You sign up to Us, We have not accepted Your details for providing the specified Service(s). Our acceptance of providing Services will take place on Us allowing you access to consult with our medical professional. We shall then become contractually bound to supply the specified Service(s) to You and these Terms will become binding on both You and Us.
- SIGNING UP PROCESS AND CHOSING THE SPECIFIED SERVICE(S):
You can sign up to our Website by completing and submitting the requisite information on the Company’s App.
You may choose the specified Service(s) by following the instructions on the App
We shall confirm Your specified Service(s) by:
providing You with a confirmation screen on the Company’s Website.
We are not able to supply You with the specified Service(s) unless You have complied with the requirements of Clauses1-3 above.
- SUPPLY OF SERVICES:
We shall supply the specified Service(s) to You using reasonable care and skill.
Any other specifics required for the supply of specified Service(s) vary based on whether You are a User with medical insurance or a User without medical insurance.
You shall pay the Charges for the supply of the specified Service(s) upfront and upon choosing the specified Service(s), after which is when the specified Service(s) will be confirmed on the screen.
The mode of payment of the specified Service(s) vary based on whether You are a User with medical insurance or a User without medical insurance.
In the event where You are a User with medical insurance, but your insurance provider is not listed with us, You will have to make immediate payment by other means, which You can then claim from Your insurance provider.
In the event where You are a User with medical insurance and your insurance provider is listed, You can choose to pay using the insurance provider, however, subject to the insurance provider paying us for the services, in which case, if the insurance provider fails, neglects and/or refuses to pay for the same, the payment is recoverable from You, even if at a later date.
We reserve the right to increase our Charges, but such price changes shall not affect specified Service(s) which we have already confirmed with you.
We accept the following types of payment Mastercard, VISA, or M-Pesa.
The Charges collected upfront are non-refundable and only where applicable, due to wrong specified Service(s) being chosen or overpayment being made, refunds will be allowed strictly at our discretion and subject to a written complaint being received by the Customer Service Department, who shall gather any and all information necessary to enable us to make such decision on refunds.
- GENERAL EXCLUSIONS:
The following are not included in the Charges referred to in these Terms:
- associated with any and all blood tests.
- associated with the purchase of any and all medicines that may be prescribed subsequent to the specified Service(s) chosen and paid for. associated with any and all costs incurred by specific consultations and/or treatments required further to the specified Service(s) chosen and paid for associated with any and all medical procedures that may be required further to the specified Service(s) chosen and paid for.
- of any and all vaccinations or immunisations required further to the specified Service(s) chosen and paid for.
- of any and all medical consumables required further to the specified Service(s) chosen and paid for.
- of any and all missed appointments in relation to the specified Service(s) chosen and paid for.
7. MISSED APPOINTMENTS:
Our missed appointments policy applies to all users who have signed up to this App, chosen and paid for a specified Service(s).
No refunds for missed appointments shall be payable or entertained.
We reserve the right to refuse to provide Service(s) to Users who have already missed appointment(s)
We also reserve the right to refuse to provide Service(s) to Users, whom we reasonably believe, is behaving or have behaved in an abusive or threatening manner to the Company employees or agents.
We further reserve the right to refuse to provide Service(s) to Users who may be using a false identity or whom we suspect of using insurance that they are not entitled to use.
- OUR LIABILITY:
Our liability is limited to offering the Service(s) provided on this App and Website as a link to the appointments to be confirmed upon payment and any and all liability and responsibility in relation to medical advice is solely the medical practitioner’s liability, duty and responsibility and You shall indemnify us for the same.
We cannot under any circumstances whatsoever, accept any responsibility for any delay(s)caused by You or occasioned by You to miss your appointment for the specified Service(s) that are confirmed.
We shall not be liable or responsible for any delay(s), disadvantage or inconvenience caused to You as a result of You not providing correct details or information when signing up and/or choosing the specified Service(s).
We shall strictly not be liable or responsible to refund You any monies for Charges paid if wrongly paid or if the specified Service(s) are wrongly chosen or if appointment(s) for the specified Service(s) are missed after being confirmed through the email confirmation with the unique reference number.
- It shall be Your responsibility to satisfy Yourself that the specified Service(s) You wish to choose, as offered by Us, is as per your need(s) and/or convenience. We shall accept no liability whatsoever for the choices You make for the specified Service(s).
- USER’S OBLIGATIONS:
You warrant that You are of the age of Eighteen (18) and above and are fully capable of signing up and providing the details and information that you provide when signing up to this App and when choosing the specified Service(s) and paying for the same.
You warrant that You are using this App for your personal use and not for someone else’s use.
You hereby indemnify us for any and all payments made towards the Charges and/or the specified Service(s) chosen and any incidental issues that may arise for You after the specified Service(s) have been confirmed.
- EVENTS OUTSIDE OUR CONTROL:
We will not be liable or responsible for any failure, to perform, or delay in performance of, any of Our obligations under these Terms, that is caused by Force Majeure (an event outside our control).
Force Majeure means any act or event beyond Our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks which prevents Us from supplying the Services to You.
If Force Majeure takes place:
We will contact you as soon as reasonably possible to notify you; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects Our performance of Services to you, We will restart the Service(s) as soon as reasonably possible after the event outside our control is over.
You may cancel the specified Service(s) if Force Majeure takes place and you no longer wish Us to provide the specified Service(s), however, We will only cancel the specified Service(s) if the Force Majeure continues for longer than 4 weeks, in which case the monies paid by You will be refundable, within thirty (30) days of such cancellation under Force Majeure.
No variation, extension or cancellation of these terms shall be binding upon the Company unless and until it is confirmed in writing under the hand of a Director of the Company and, for the avoidance of doubt, it is declared that no person other than such Director has authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might (but for this present clause) involve the Company in any legal liability whatsoever.
We may amend or repeal these Terms at any time by giving You 10 days written notification, such notification to be posted on the Company’s Website.
- APPLICABLE LAW:
These Terms shall be construed and governed in accordance with the Laws of Kenya and the Courts of Kenya shall have jurisdiction in relation to any matters arising out of a contract incorporating these Terms.
All claims and disputes whatsoever arising under this contract shall be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya (Act No. 4 of 1995) by a single arbitrator to be appointed by agreement between the parties or, failing agreement within fourteen (14) days of notification by either party to the other of the existence of a dispute or claim, to be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, Nairobi on the application of either party. The Arbitration shall be conducted in Nairobi and all parties agree to be bound by the decision of the said Arbitrator. All Arbitration will be in English.
- THIRD PARTIES:
A person who is not a party to these terms shall have no right to enforce any of these terms under the Law of Contract Act CAP 23, Laws of Kenya.
- MAINTENANCE OF RECORDS
A copy of your contract will be filed by us for a period of 6 years from the date on which your Account was opened and will be accessible on written request.
We do not give up our rights by delaying or failing to exercise them at anytime.
If any of these Termsare found by a court to be illegal or not enforceable, all other terms will still be in effect.
18 __SASADOCTOR MOBILE APPLICATIONS TERMS & CONDITIONS:
These are the terms relating to the use of our mobile applications (SASADOCTOR) for Android devices.
Our Android App can be downloaded from Google Play, which is owned and operated by Google Inc.
Google have no obligation to provide any support or maintenance services in relation to the SASADOCTOR.
If you have accessed or are using this SASADOCTOR, it means you agree to be bound by all of the terms below.
The SASADOCTOR has been designed to work on popular devices and requires internet access.
. The latest version of operating software is recommended, and certain functions or features may be affected if you run the SASADOCTOR on lower versions
Additionally, the SASADOCTOR may require periodic updates.
We cannot guarantee the continuous, uninterrupted or error-free operability of the SASADOCTOR.
There may be times when all of, or certain features, parts or content of, the SASADOCTOR , becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.
You agree that we will not be liable to you, or to any third party, for any unavailability, modification, suspension or withdrawal of the SASADOCTOR
You can turn off these notifications at any time by changing the SASADOCTOR settings on your device.
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we add a new feature, or for some other reason.
Whenever we make changes to these terms, the changes are effective immediately after we post such revised terms or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the SASADOCTOR for changes to these terms.
If you continue to use the SASADOCTOR after the revised terms become effective, then you have accepted the changes to these terms.
You agree that you will not:
Impersonate any person or entity or otherwise input data which is not your own; or
Use the SASADOCTOR on a device which is not owned or controlled by you; or
Use the SASADOCTOR in any manner that could interfere with, disrupt, negatively affect or inhibit other SASADOCTOR users, SASAHealth Services or third parties; or
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the SASADOCTOR; or
Attempt to violate, circumvent or reverse-engineer any security measure or other feature designed to protect the SasaHealth Limited services, users of the Service, or third parties.
You agree that the SASADOCTOR, including graphics, user interface, content, and the code, contain proprietary information and material that is owned by SASAHEALTH LIMITED, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
You agree that you will not use such proprietary information in any way except for use of the SASADOCTOR.
SasaHealth Limited trademarks, graphics, and logos within the Sasadoctor are registered trademarks owned by Sasa Health Limited.
Other trademarks, service marks, graphics, and logos used in connection with the Sasadoctor may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
To use this Sasadoctor for the first time, you will be asked to enter your e-mail address for verification purposes.
When you use the Sasadoctor it will return a unique identifier to your device that will be used each time you open the Sasadoctor.
By using the Sasadoctor you agree that SasaHealth Limited can collect and use technical data and related information related to your device and operating system. This data is not personally identifiable to you.
This data can show us for example, which devices are using the Sasadoctor and which parts of our Sasadoctor you use most and least. This data will be used to improve our Sasadoctor, our support services or to provide new services or technologies to you.
SasaHealth Limited takes no responsibility and assumes no liability for any information on the Sasadoctor and, under no circumstances will SasaHealth Limited be responsible for any loss or damage resulting from anyone’s reliance on information.
The security of this data, held on the phone, is your responsibility.
We may use your personal information to:
transfer your personal information to other members of our group of companies.
to provide and/or enhance the services we offer to you.
pass your information to our third-party subcontractors to enable them to provide certain services to us in relation to the services that we provide to you.
share your information with third parties when we believe it is necessary to comply with the law or protect rights, property, or safety. This includes exchanging information with third parties to protect against fraud and reduce payment risks.
transfer your information if we reorganise our business and/or sell part of our business (as it may be one of the business assets that we transfer).
We will only deal with third parties that we trust to act in our and your best interests and who treat your information with the same stringent controls that we apply ourselves