TERMS AND CONDITIONS

This document – the Terms & Conditions – (or "T&C", “Agreement”) is an agreement between you (the “User”, “Doctor”, “Health Care Provider”, “Patient”, “End-User”) and Teledoctor Zambia Limited (“Teledoctor’) It contains conditions you agree to follow when using our mobile and web applications as well as our websites, including when you ask questions and when you view or input content on or into the Apps.

When you register on  Teledoctor platform you verify that you have read and agree with the Terms & Conditions as well as the Privacy Policy.

These T&C and the Privacy Policy together constitute a legal agreement (“Agreement”) between you – the “user” – and Teledoctor  in connection with your visit to the Website and your use of the  Teledoctor app, website and other resources.

WE MAY UPDATE THIS AGREEMENT

These Terms & Conditions may change. Because your use of Teledoctor services, Apps and Website means you agree to these T&C’s, if we revise and update these T&C’s, your continued use of our  Apps and Website will mean that you accept those changes. You choose whether or not you use Teledoctor Apps and Website. If you do not agree to all of these Terms & Conditions, please do not use  Teledoctor Apps and Website.

APPLICABILITY OF TERMS

The Terms and Conditions Agreement applies to you if you are:

1.    A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to avail the services provided by Teledoctor Apps and website, authorised associates of such practitioners or institutions (“Health Care Provider”, “HCP”, “you” or “User”); or 

2. A patient, their guardian, representatives or affiliates, consulting with Health Care Provider(s) (HCP) through the Website or App (“Patient”, “End-User”, “you” or “User”); or 

3. Otherwise a user of the Website or Apps (“you” or “User”).

This Agreement applies to all services made available by  Teledoctor on their Website, and their mobile and web Apps. 

YOUR HEALTH, YOUR CHOICES:

We are dedicated to enabling and empowering you to make smart choices for your health and well-being. Our mission is to provide you with a platform that empowers you to seek personalised and ppatient centered  health services  and promote quality doctor-patient relationship by making it more accessible, affordable and within the comfort of the of your home or workplace or on the streets. 

TELEDOCTOR HEALTH PRODUCTS AND SERVICES: 

 PRE-AMBLE

Teledoctor, is a Zambian company which  aims to bring efficient health services to  all people  in the comfort of their homes and workplaces.

We believe in prevention and well-being of our clients and so we are proactive and responsive to customer needs. Our  patient centered care has enabled us to  provide a unique service which is currently unparalleled in the health sector in Zambia and the Sub-region .

 

Teledoctor is a technology driven medical and public health organization that provides comprehensive solutions in Individualized care, corporate wellness and  e-Health and m-Health solutions. Teledoctor aims to make access to healthcare services cheaper, faster and convenient through its flagship services including home doctor service and cooperate wellness.

VALUES AND MOTTO:

We provide company and individual recommendations based on trust and maintenance of confidentiality. We create an on-going relationship to check progress on recommendations and individuals are followed up at partner hospitals and clinics within Zambia. Once with us, always with is our motto!!

 

TELEDOCTOR ONLINE MEDICAL CONSULTATION:

The limited access to health care providers and long waiting times plus the proliferation of mobile phone and internet services, make  our services very urgent and necessary. This has been made even more urgent and important in this COVID 19 outbreak where tradition models of consultations cannot work.

We are providing a solution which will address barriers to rapid access to health care and advice, within the comfort of patients and families home, thus enforcing social distancing and isolation interventions. We will not  only be available to  provide acute care  advice but also advice and prevention care services, thus opening up a large client base.

 

WHY TELEDOCTOR STANDS OUT  FROM OTHERS

The  Teledoctor service is different from our competitors in digital health in Zambia by being  flexible to accommodate different types of consultations, direct patient consultation with medical team and using local doctors and other professionals  who understand context more efficiently as opposed to foreign doctors’ consultations which lack accountability and may misunderstand local contexts. We also provide local navigation and have MoU with the Ministry of health in Zambia allowing for synergy and continuum of care.

DOCTOR-PATIENT RELATIONSHIP 

All doctors and other health personnel  using the Teledoctor platforms will undergo mandatory orientation and will only be approved to consult if they have a full and current registration in line with their qualifications stated on their profiles. Profiles will be updated annually with renewal of practice license and T &C.All health professional are responsible for ensuring accurate and updated profiles on the platform and to ensure they adhere to highest stands of ethical conduct in general and when they use the Teledoctor platform. Professional misconduct which affect professional practice in Zambia and other countries

. 

HEALTH CARE PROVIDERS ON WAYUMD

While Teledoctor takes steps to verify the medical registration of doctors and HCPs using our platform to provide their services, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the HCPs on their profiles. Teledoctor does not recommend or endorse any specific individual and/or HCP(s) that may be mentioned on the website or Apps. In no event will Teledoctor be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the website and/or Apps. No medical, legal or any other decision shall be based solely upon the information provided through the website or Apps.

CONSULT FEES ON  TELEDOCTOR PLATFORM OTHER PAID SERVICES

Teledoctor is a platform that allows you to connect with and consult with your doctor(s) and/or HCPs. Your HCP may have a fees associated with the consultations they provide you on  Teledoctor platform. Teledoctor will  provide a payment service to collect the consult fees from you on behalf of health professionals and other   HCP as will be agreed. Your payment is processed through secure third-party payment gateway services. 

When you use Teledoctor  or other paid services provided via our Apps or website, you understand that Teledoctor will collect payment from such services from you on behalf of the those providing a service. You acknowledge that Teledoctor  is not liable for the treatment or advice given during the consult (or other paid service) and cannot be held liable. 

CANCELLATIONS AND REFUNDS

Under certain circumstances, you may be able to cancel a transaction on  Teledoctor and be eligible for a full refund of your payment, including when: 

1. You submitted a consult to an HCP, and they have not yet opened the message or responded to your query. 
2. The HCP declined your consult request for any reason. 
3. A technical glitch on the Apps or website caused your consult to not be submitted to the HCP. 
However, we cannot address disputes or concerns you may have during or after a consult with your HCPs. Any requests for or expectations of refunds in this case must be taken up directly with your HCPs

MEDICAL ADVICE 

The site or app and any related communication does not guarantee the accuracy or authenticity of the information. However, should a client have concerns with services received via our platform, we will investigate the matter as promptly as possible and may revoke the services of any health professional working with us and depending on circumstances, health professional will take responsibility for the advice given, not Teledoctor. This applies to advice given by registered hospitals and practices.

Use of any information appearing on the website or Apps is solely at the user's own risk. 

Teledoctor does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the website or Apps by third parties . No medical, legal or any other decision shall be based solely upon the information provided through this wesite or Apps. 

DRUGS AND MEDICINES POLICY

The information about drugs, including generic drugs and vaccines, contained in the Apps and website is general in nature and is intended for use as an informational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks & benefits of taking a particular drug. All such actions should be taken only under the advice of a qualified medical professional.

PAYMENTS & PURCHASES

You may decide to buy plans, products and services through our website and/or Apps. Payment for such purchases is your responsibility and can be executed through different means - including (but not limited to) credit and debit cards, gift coupons, third-party payment services and gateways (incl. Paypal) and in some cases cash. 

You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any plans, products and services. You represent and warrant that you are an authorized user of such payment means, and you agree to pay all charges resulting from your transaction at the prices then in effect. You agree that Teledoctor may pass your payment information (e.g credit card) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with the purchaser of the plans, products and/or services. 

The charges for any plans, products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges will be borne by the purchaser and will be paid at the time of purchase. 
Wayu Health reserves the right to modify or terminate membership plans, change prices, or institute new charges for any product or service at any time, with at least thirty (30) days' notice where applicable to existing customers. 

COMMUNICATIONS TO THE USER

When you register on Teledoctor website and/or Apps, we may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account profile. These communications will not contain Personal Health Information. 

When the user signs up for our email newsletters they will receive additional promotional emails from  Teledoctor or our Sponsors, Partners and Associates. In order to subscribe to  Teledoctor newsletters via email, we need the user’s contact information, like name and email address. You can opt out of promotional communications and control your communications preferences through your Account settings. 

YOUR ACCOUNT SECURITY AND PRIVACY

Accurate and complete registration information is required to use Teledoctor Apps and website. You, the user, are responsible for maintaining the confidentiality of the your account access information and password. You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account. You are not permitted to allow any other person or entity to use your identity for using any of the Teledoctor Apps and/or Websites. 

You may add dependants to your account on Teledoctor Apps and website. If you seek consults and/or access your dependants’ records through your  Teledoctor account, you are responsible for the records of your dependants and all obligations that your dependants would have had had they maintained their own individual  Teledoctor Health account. 
To send us an email, use the "Contact Us"/Support/feedback links located on our website and Apps. You grant Teledoctor and all other persons or entities involved in the operation of the website and Apps the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website and Apps. Teledoctor  will follow international best practices to protect personal information and ensure confidentiality of the provided information but cannot assure this for information provided to third parties.

 

INTERNATIONAL USERS CONSENT TO TERMS AND POLICIES

We make no representation that all products, Content or Services described on or available through the Apps, are appropriate or available for use in locations outside Zambia. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of  Zambia. Personal information ("Information") that is submitted to  Teledoctor Apps and website will be collected, processed, stored, disclosed and disposed of in accordance with applicable law and our Privacy Policy in Zambia. If you are a non-Zambian member, you acknowledge and agree that Teledoctor may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. Zambian law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these T&C and Privacy Policy. If you do not consent to such transfer, you may not use our Apps or website. The product information provided on Teledoctor is presently intended only for residents of Zambia and may have different product labeling and disclosure requirements in different countries.

TERMS SPECIFIC TO HEALTH CARE PROVIDERS

Teledoctor provides a platform to set up an online presence and use the Apps to connect with their patients, and help those in need of health and well-being advice.

You, the health professional and organization using Teledoctor platform , hereby represent and warrant that you will use the Teledoctor Apps and services in accordance with applicable laws in Zambia. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and  Teledoctor accepts no liability for the same.

ONLINE PROFILE 

The Health professional is solely responsible for the authenticity and validity of the information they provide on their respective online profiles on Teledoctor  Apps and websites. Health professionals and third parties s agree to provide  Teledoctor with the required information during the verification checks at the time of registration or any other verification check done at a later date.

The Providers  understands that the information provided by them via the Teledoctor  App (in particular the profile contents), or through the Company, may be made available to the general public, Teledoctor App users and that they have no objection to the same.

The Provider’s warrants that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using any of Teledoctor Apps and website. You confirm that no such content breaches any third party rights, including intellectual property rights. Should we be made aware of a breach of the foregoing representation, Teledoctor may modify or delete parts of your posted information at its sole discretion with or without any notifications to you.

If  Teledoctor determines that health provider  has provided inaccurate information or enabled fraudulent activity, Teledoctor reserves the right to immediately suspend any accounts on any of Teledoctor Apps and/or website. We may also make such declaration on the Apps and/or website against your Name, profile and/or listing for the protection of our business and in the interests of Users. The Health professional  shall be liable to indemnify  Teledoctor for any losses incurred as a result of their misrepresentations or fraudulent activity that has adversely affected Teledoctor Health and/or its Users. 

PROVIDER  SEARCH LISTING 

In order for patients to find a provider , Teledoctor offers a search function. All HCPs on the Teledoctor platform who satisfy the search criteria are listed on the search results. The search results listing do not represent any fixed objective ranking or endorsement by Teledoctor. The rankings are based on automated computations that include but are not limited to the relevance with search criteria, HCPs’ availability and use of the Apps. We cannot be held responsible for the accuracy and the relevancy of the listing of the HCPs on the Apps or websites. Teledoctor is not liable and responsible for the ranking of the HCPs on external websites and search engines. 

ONLINE CONSULTS

Provider is solely responsible for the interactions with users via the  Teledoctor Apps and website. As a Health Care Provider, you agree to perform your services and fulfill your obligations towards your patient (user) to the best of your skills and ability. 

When any User contacts the HCP via the Teledoctor  App, only the HCP shall be allowed to perform the services for the User, and the HCP may under no circumstances transfer the performance of their Services to any other person, whether under their supervision or not. The HCP accepts all responsibility and liability for the use of  Teledoctor Apps and website, including the performance of its services by any other party claiming to be the HCP and agrees to indemnify Teledoctor  against any claim or loss that may be faced by Teledoctor as a consequence of such use.

Any content, message or communication sent by a User to the HCP via  Teledoctor Apps or website is based solely on information uploaded by the Users. Teledoctor is not responsible for any incompleteness or inaccuracy of such information, including if, as a result of the inaccuracy, a communication is sent to an unintended recipient.

HCP CONSULT FEES COLLECTION AND TRANSFER 

HCPs may charge a consultation fee for consults or interactions conducted with patients via Teledoctor Apps and website. The HCPs agree to allow Teledoctor to collect such payments on behalf of the HCP. Teledoctor will remit the amount to the HCP and deduct a certain portion of the amount paid as its fees for providing the services. 

Teledoctor Health shall remit the fees to the HCP in accordance with the terms agreed between the HCPs and Teledoctor

Teledoctor reserves the right to revise the fee terms at any time, at their discretion. The HCPs continued use of the services shall constitute their consent to such revision.

HCP RESPONSIBLE USE OF THE TELEDOCTOR PLAFORMS

HCPs hereby agrees that they shall use the Teledoctor platforms for the purpose specified in these Terms & Conditions and shall not use them for any unauthorized and unlawful purpose, including impersonating another person. 

HCPs shall promptly renew their licenses required to provide medical services and notify Teledoctor of any updates or changes to their medical registration numbers and/or licenses.

The HCP confirms and warrants that they: 

1. are qualified to provide medical services within the territory of Zambia  

2. have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal 
3. have provided on  Teledoctor true, accurate, complete and up to date details about their qualification and credentials. The HCP agrees that they shall abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws, at all times.

HCP CONFIDENTIALITY OF PATIENT INFORMATION 

The HCP agrees to hold all information provided by a User to them in strictest confidence , under all circumstances. HCP agrees that they shall not disclose any information or documentation provided by a User to any other person, nor shall they allow, by act or omission, such information or documentation to be acquired by any other person. 

HCP TERMINATION OF ACCOUNT

Teledoctor reserves the right to terminate any account of HCP on any Apps and website includingwhen:

1. The HCP breaches any terms as listed in the Terms & Conditions, the Agreement between Teledoctor  & HCP, and/or privacy policy or applicable laws. 
2. Teledoctor is unable to verify or authenticate any information provided to it by the HCP. 
3. Teledoctor in its sole and absolute discretion believes that actions of the HCP may cause legal liability for  Teledoctor and/or other Users, and/or may adversely affect the services rendered by Teledoctor.

ACKNOWLEDGEMENTS

We have attempted to provide acknowledgement of sources as references for text, but there is likelihood that several acknowledgements are not mentioned. The Company is certainly willing to correct omissions of citations & encourage our readers to email us with further information regarding the sources. 

If the user believes any materials accessible on or from the website/Apps infringe their copyright, they may request removal of those materials (or access thereto) from the website/Apps by contacting  Teledoctor and providing the following information: 

• Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that the user believes to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• User’s name, address, telephone number and (if available) e-mail address. 
• A statement that the user has a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law. 
• A statement that the information that the user has supplied is accurate, and indicating that "under penalty of perjury," the user is the copyright owner or is authorized to act on the copyright owner's behalf. 
• A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Teledoctor maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the website/Apps who are repeat infringers. 

COPYRIGHTS

Information on the Teledoctor website and Apps is for personal use & may not be sold or redistributed. To reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from Teledoctor.

The Content is protected by copyright under both Zambian and foreign laws. Title to the Content remains with Teledoctor or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these T&C and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the editorial discretion of Wayu Health. All rights not expressly granted herein are reserved to Teledoctor and its licensors. 

All content on the Teledoctor website and Apps including designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the sole proprietary property of Wayu Health unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, republish, upload, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, without Wayu Health's prior written consent as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws). 

TRADEMARKS

We also own the names we use for our products and services on  Teledoctor, and these names are protected by trademark laws in  Zambia and internationally. Any use of our trademarks require our prior written approval. 

USER PROFILE AND PRIVACY POLICY

Our website's and Apps' registration and query requires users to give us personal information such as their name, email and demographic information such as their address and telephone number. The user's personal information is used to contact the visitor as and when necessary. This personal information also allows us to inform the users about updates to the service and further additions on Teledoctor website and Apps. We collect personal information from user when they register on  Teledoctor’s website or Apps, or when they submit a query to us. We maintain this information as private to the best of our ability.

USER CONDUCT

User shall use the website and Apps for lawful purposes only. User shall not post or transmit through Teledoctor website or Apps, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. User shall not use Wayu Health website or Apps to advertise or perform any commercial solicitation. 

The user also understands that the company cannot & does not guarantee or warrant that files available for downloading through the service will be free of infection or viruses, worms or other code that manifest contaminating or destructive properties. 

You may not access the website or Apps for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this app or site. 

USER LICENSE

Provided that you are eligible for use of the website and/or Apps, Teledoctor hereby grants you a limited license to access and use the website and/or Apps and the Site Content solely for your personal, non-commercial use. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated here, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause. 

LINKING TO US

Usually, we don't mind if you have a simple link from your website to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation. 

LIABILITY 

The use of the  Teledoctor website and Apps and the Content is at your own risk. The providers of this website and Apps disclaim any & all liabilities arising directly or indirectly to anybody as a result of use of this website and/or Apps. 

INDEMNITY

You agree to defend, indemnify, and hold  Teledoctor, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms andConditions.

In no event shall Teledoctor  and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors be liable to you or any third person for any indirect, consequential, punitive, special, incidental or exemplary damages of any type or kind, including loss of data, revenue, profits, or other economic advantage, arising out of or in any way connected with the website and/or apps, including for any content obtained through the service, any error, omission, interruption, deletion, inaccuracy, defect, delay in operation or transmission, communications line failure, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure or email or players on account of technical problems or traffic congestion on the internet or at the app or website or combination thereof, even if Teledoctor has been previously advised of such damages or has been previously advised of the possibility of such damages. Under no circumstances will  Teledoctor be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Apps, website or any user content posted on or through the Apps or website or transmitted to users, or any interaction between users of the app or website, whether online or offline even if Teledoctor  has been previously advised of such damages or has been previously advised of the possibility of such damages. 

Teledoctor does not represent or warrant that software, content or materials on the Apps or website are accurate, complete, reliable, current or error-free or that the Apps, website or its servers, or any platform applications are free of viruses or other harmful components. The Apps, website and all content are provided to you strictly on an "as is" basis. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Apps or website at your own discretion and risk and that you will be solely responsible for your use thereof and any injury or damage to your or to any person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the app or website, theft or destruction or unauthorized access to, or alteration of the app or website, loss of data or other harm of any kind that may result. The app or website may be temporarily unavailable from time to time for maintenance or other reasons. 

FORCE MAJEURE

Teledoctor shall not be liable for any failure or unavailability of the app or site as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.

INVALIDITY

If any one or more of the provisions contained in the T&C Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.

GOVERNING LAW

This Agreement shall in all respects be governed by and be construed in accordance with the laws of  Zambia.