By downloading and using the docseeyou user and docseeyou provider mobile applicatons, you expressly agree to our Terms of Use. These Terms of Use govern your use of the Service. The “Service” is the website located at www.docseeyou.com (the “Website”), which is operated by Docseeyou,  and the mobile applications (Docseeyou User and Docseeyou Provider on Android and iOS) and its subsidiaries and affiliates. The Service is a platform individuals may use to manage their health and receive email, telephone and telecommunications-enabled care from physicians and other health care professionals employed by or contracted with the Providers. By accessing and/or using the Service you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Docseeyou (“Member”). If you wish to become a Member and make use of the Docseeyou service, please read this Agreement.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE WEBSITE/MOBILE APPLICATIONS OR SERVICE. USING THE WEBSITE/MOBILE APPLICATIONS OR SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

THE SERVICE (hereafter referring to the website and mobile application providing medical consultation) IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED.

Acceptance of Terms of Use Agreement.

(a) Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of and/or your membership in the Service. This Agreement may be modified by Docseeyou from time to time. If a change to this Agreement materially modifies your rights or obligations, we will notify you of the modified Agreement by email to the address you provided in your user profile and/or in a notification in the Service or on our website. Material modifications will be effective upon your acceptance of such modified Agreement or upon your continued use of the Service after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. This Agreement incorporates by reference Docseeyou’s Notice of Privacy Practices and any notices regarding the Service or policies posted on the Service.

(b) Format of Agreement. By accessing the Service or becoming a Member, you consent to have this Agreement provided to you in electronic form. You may request a non-electronic copy of this Agreement at any time. To receive a non-electronic copy of this Agreement, please send an e-mail to info@docseeyou.com or a letter and self-addressed stamped envelope to: Docseeyou, Nairobi Kenya.

(c) Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. To withdraw your consent, please send an email to docseeyou@gmail.com or a letter and self-addressed stamped envelope to: Docseeyou, Tena House, Karen, Nairobi Kenya. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password, and you will not have the right to use the Service unless, and until, we issue you a new username and password. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

Eligibility and Acknowledgment.

By using the Service, you acknowledge and agree that (a) the Provider services are provided at the sole discretion of the Providers; (b) the Service is limited to providing access to Providers for the diagnosis and treatment of only non-emergent medical conditions appropriate for diagnosis and treatment using email, telephone and/or telecommunications; (c) accessing the Service from a jurisdiction other than a jurisdiction which Docseeyou operates is prohibited, and you confirm that you are physically located in a jurisdiction which Docseeyou operates when you request to use the Service; (d) the cost of the Service and Provider services available through the Service may not be reimbursable by Medicare, Medicaid or any other government health care program, and you agree not to use the Service for any services that are or might be reimbursable by such programs; (e) the cost of the Service and Provider services available through the Service may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations or other payors, but you may on your own (without assistance from Docseeyou) seek reimbursement from any such payor for the cost of use of the Service and Provider services available through the Service; (f) you have not previously been suspended or removed from the Service; (g) your registration and your use of the Service is in compliance with all applicable laws and regulations; (h) you are at least 18 years of age, or you have obtained the consent of your parent or legal guardian to use the Service and you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (i) if you are accessing the Service and seeking Provider services on behalf of a child, dependent or other person for whose medical care you are responsible, your approval of the terms of this Use Agreement will bind such other person to these terms.

Non-commercial Use by Members.

The Service is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. All use of the Service may be investigated including, without limitation, to identify illegal or unauthorized use, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive action. Your use of the Service is with the permission of Docseeyou, which may be revoked at any time, for any reason, in Docseeyou’s sole discretion.

Payments - All consultation fees for services through the mobile and web application interfaces of Docseeyou must be paid prior services rendered, as per the terms of the service that you use. Offline payment collection for some of these services is supported too. Please contact Docseeyou about this during your next in-person visit.

In course of time, Docseeyou may introduce other services in the system, the charges for which will be communicated to you as and when such services are introduced.

The healthcare provider reserves the right to revise the consultation and service charges at any time, at the sole discretion of the healthcare provider. The charge applicable at any given time, will be the charge displayed at the time of using the service.

Payments made for any remote monitoring plans will not be refunded should you decide to discontinue.

Payments for this service are covered by the payment terms for services through the patient portal and mobile application.

(a) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Docseeyou does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. If you pay any fees with a credit card, Docseeyou may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.  Docseeyou also allows you to pay the Provider directly via mobile money.  The use makes arrangement with the provider to pay for services that will be rendered.

(b) Monthly Membership Fee. You may sign up to a subscription (“Subscription”) whereby Docseeyou may charge a monthly membership fee (the “Monthly Membership Fee”) for access to certain features of the Service. The Monthly Membership Fee may be modified by notice in accordance with this Agreement. You may have access to the Service through your employers, professional affiliations, or other organizations, and as a result, the Monthly Membership Fee may not apply to you.

(c) The Monthly Membership Fee covers costs associated with the Subscription, such as the personal services and tools that enhance your healthcare experience on the Service.  Such fees are typically not covered by insurance or other health benefits. The services and tools you receive through the Subscription include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, digital tools for easy access to Docseeyou services and doctors, as well as lifestyle and wellness offerings. PAYMENT OF THE MONTHLY MEMBERSHIP FEE TO DOCSEEYOU IS NOT A REQUIREMENT TO RECEIVE PROVIDER SERVICES ON THE SERVICE. There are options for accessing Provider services on the Service without the Subscription and payment of this fee. To learn more about the Monthly Membership Fee contact us at info@docseeyou.com.

(c) You are responsible for paying the Monthly Membership Fee when you sign up for the Subscription. The Monthly Membership Fee is likely not a covered benefit under health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Monthly Membership Fee for coverage under your insurance or benefit plan, and as such, you are obligated to pay the Monthly Membership Fee.

(d) For your Subscriptions, Docseeyou will charge your Monthly Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE MONTHLY MEMBERSHIP FEE, YOU AUTHORIZE Docseeyou TO CHARGE YOUR CHOSEN PAYMENT METHOD THE MONTHLY MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND AS A RECURRING CHARGE FOR EACH MONTHLY RENEWAL ON A GOING FORWARD BASIS, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MONTHLY MEMBERSHIP FEE FOR THE NEXT MONTH. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING Docseeyou AT INFO@DOCSEEYOU.COM. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MONTHLY MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect.

(e) If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Monthly Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by contacting Docseeyou at info@docseeyou.com.

(f) ANY FREE TRIAL OR OTHER PROMOTION THAT PROVIDES PAID MEMBER-LEVEL ACCESS TO THE SERVICES MUST BE USED WITHIN THE SPECIFIED TIME OF THE TRIAL. IF YOU DO NOT WISH TO CONTINUE YOUR MEMBERSHIP, YOU MUST CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE MONTHLY MEMBERSHIP FEE, AS APPLICABLE. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND ARE INADVERTENTLY CHARGED FOR A MEMBERSHIP, PLEASE CONTACT Docseeyou AT INFO@DOCSEEYOU.COM FOR A REFUND.

Patient Rights - As a patient/user of the Docseeyou service you agree that:

You are not impersonating any other person and are using your actual identity.  The personal information provided during the registration process is true, accurate, current and complete.

You also agree that you will be solely responsible for any advice given to you by the doctor through the video consultation. You hereby release and hold harmless Docseeyou from all claims and causes of action arising out of or resulting from any advice not adhered to this telemedicine platform is only a tool to allow patients to access medical advice given by a doctor at the Docseeyou.

All engagement between you and the service are governed by these patient obligations.

As a user of the telemedicine service provided by the Docseeyou you agree to receive essential information and advice in the form of an email or phone call. Thus, you always agree to be available on these platforms.

You shall not use any advice or information from the telemedicine consultation with the doctor for any purposes other than managing your personal health or that of your immediate family members (with due authorization) and/or to engage with healthcare providers of Docseeyou.

You are expected to avail yourself immediately for any appropriate medical attention in any medical emergency or critical care situation and not attempt to use the telemedicine platform as a substitute for such conditions. The telemedicine service is only meant to for a professional medical consultation and advise.

Being an online application, there might be unforeseeable network and infrastructure issues in which case the application will not be available until the issue is rectified. Under such circumstances please directly contact Docseeyou in person for any services you may need. Docseeyou is not liable for any periods of non-availability of this application.

Docseeyou will make all possible efforts to provide you the best healthcare services. However, Docseeyou shall not incur any liability and shall declare any service guarantee void in the event the user is in breach of any of the Terms and Conditions of this Agreement.

Both parties are at liberty to terminate this agreement. This will not terminate nor impact any other consultations or patient relationship that you have with the Docseeyou.

Medical Record - All your personal health data and usage data is owned by Docseeyou irrespective of the access you may or may not have to it. Your usage and access to your data is defined by Docseeyou.

The personal health information you provide to the service is entered into your medical record on our service management system on your behalf and is your responsibility to ensure that information provided is accurate and complete.

All user data is covered by the Privacy Policy of Docseeyou.

Medical Consultation - Please note that you are required to visit the Docseeyou, or any other service, as and when advised by the doctor through the telemedicine system.

If the advice provided by the doctor through the telemedicine is substantially different from your current treatment and prescribed medication, it is your duty to inform the doctor on the telemedicine consultation before implementing the advice.

The health information, vital sign readings, dates, timings and notes logged in by you or on your behalf should be accurate.

As a patient of the telemedicine consultation, you are required to inform the doctor of all current and previous illnesses, health conditions, surgeries, consultations and medications with any other healthcare providers.

For self-monitored readings, it is the patient’s responsibility to use devices of proper quality and to ensure that they are re-calibrated when required.

The Docseeyou will provide qualified healthcare professionals for the telemedicine consultation.

Not following the instructions of the doctors will be considered as non-compliance of the agreement and the agreement will be terminated.

The healthcare team will provide advise based on the vitals provided by you. You are thus advised to provide these vitals accurately.

Docseeyou will not assume any legal responsibility for the patient’s medical condition and this telemedicine consultation only intends to aid in understanding the condition better based on the information given and is not meant to replace an in-person consultation.

The online system is expected to enhance, not replace clinic visits. It is your responsibility to schedule follow-up appointments as indicated by your doctor.

The patient is free to discontinue using this service at any time, with the knowledge of Docseeyou.

The Docseeyou does not attend to Emergencies through this application. Under these circumstances, the patient must contact the nearest service immediately.

The patient data will be kept confidential by Docseeyou and will not be disclosed to anyone under normal circumstances except as requested by law or in an emergency when requested by another healthcare provider.

Telemedicine - Telemedicine Appointment Timing: While the patient may specify the preferred appointment timing for a telemedicine consultation, the Docseeyou reserves the right to schedule the appointment for an alternative timing. If this timing is not convenient, the user can request that it be rescheduled or refunded their payment. Due to unpredictable medical emergencies, it may be that the healthcare provider is sometimes unable to attend to the video consultation exactly at the appointed time. In such cases the session might be rescheduled to a later time in consultation with the patient.

Telemedicine Duration: By default, the average duration of a telemedicine consultation will be the duration decided by the Docseeyou. It reserves the right to decide when the consultation ends. If the Docseeyou must be conclude the telemedicine consultation mid-way due to a medical emergency, then a new session at an alternative timing will be scheduled.

Telemedicine Quality: The quality of the telemedicine session depends on the quality of the Internet connection, web cam and audio facilities of both the patient and the Docseeyou. It is the responsibility of the patient to ensure that the performance and quality of the equipment and connection used, are optimal for doing the telemedicine session online.

Video Session Privacy, Security & Etiquette: It is required that the patient prepares ahead of time to participate in the Video Consultation, in a quiet and private place, where only the patient is present in the room where the video session is being held. For elderly or disabled patients who require help to participate in the video, a caregiver may be present. There must be no audio/video recording of the video session by the patient. It is necessary that the patient (and any caregiver) act with proper decorum in speech and action during the video consultation. Failure to comply with these requirements can result in termination of the video session with no refund or rescheduling of the consultation.

Nature of Consultation: Video Consultations must not be scheduled for patients with critical medical conditions and/or for emergencies. Such consultations are suitable only for basic follow-ups between the patient and healthcare provider and/or preliminary consultation before meeting the healthcare provider in person.

Text Consultation - Every attempt will be made to provide responses to your questions within the stipulated response time. However, do not under any circumstances, delay seeking direct medical attention from your healthcare provider or nearest service.

Asking medical questions to a healthcare provider, whom you have not been consulting directly, does not necessarily result in establishing a doctor-patient relationship. Any response from the healthcare provider only constitutes helpful information which must be verified with your own doctor.

Do not change any medication, treatment regimen or other healthcare measures without confirmation from your own healthcare provider. Any advice or information in responses to your questions/text consultations to healthcare providers of Docseeyou, do not qualify as a medical prescription, diagnosis or treatment plan.

In the case of any emergency, always contact your own healthcare provider and go to the nearest service or healthcare provider.

Docseeyou is not liable for any healthcare issues related to the questions raised. Information provided at the time of asking a question must be accurate and complete. This is only to ensure that the response provided is helpful to the patient and does not involve a liability on part of Docseeyou.

Response time for a question is indicative of only the initial response to the question and does not include the time for responding to follow-up notes. Each follow-up should be expected to require the same response time as the initial question.

Use of Information - The personal and health information added through this application, through use of its services by patients and healthcare providers of Docseeyou will not be shared, disclosed or displayed to anyone other than authorized employees of Docseeyou. They will be able to update personal health information of their own patients by updated the patient health profile, uploading medical reports, adding review notes, health goals, monitoring feedback relevant as part of the consultation services used by the patients.

Docseeyou is fully authorized to terminate patient user accounts at any time and such patients will no longer have further access to their personal health information stored in the application storage in event of that happening. Whether or not to share that information with the patient user before termination of the patient user account is the prerogative of Docseeyou.

Contact Information: The services platform will send you communications (email and other notifications), as per your notification settings, as part of essential functioning of services that you may avail, such as appointment booking information, alerts related to reviews and consultations by your healthcare providers.

At time of registration you will be required to verify your email address. Your contact information may also be used for customer support services, should you choose to avail of them. In addition, we may use your contact information to provide you with information about our services. If you decide at any time that you no longer wish to receive such information or communications from us, please change applicable notification settings in your account. Your contact information is not shared with any third-party.

Anonymized data: Docseeyou may analyze anonymized and aggregated collected through the services, for purposes of evaluating healthcare outcomes, healthcare requirement patterns and to measure the effectiveness of services and content. Such anonymized and aggregated information is not considered as personal information.

You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Docseeyou immediately of any unauthorized use of your account. Docseeyou is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

The technology vendor supporting this platform is not responsible for the privacy policy compliance of any users who have access to data in it. That is the sole responsibility of Docseeyou.

Privacy Policy - Data in this application of Docseeyou can be created by your healthcare providers at Docseeyou and by yourself (the patient) after logging into the application with your authorized user account. Information that is collected as you use our web patient portal and mobile application includes the following:

Personal information: Personal information includes name and email address that you provide at signup. It also includes phone number, address and other personally identifiable information that you may choose to add to your user account profile. No payment method information is stored by this application.

Personal Health Information: Personal health information about patients users, that patient users themselves or authorized employees of Docseeyou enter into the Personal Health Record of a patient, including age, gender, known health conditions, medications, allergies, vaccinations, history of surgeries or procedures, goals, health journal entries and data that you enter into your health trackers either manually or by syncing with a health monitoring device or from a third party source that you alone authorize. It also includes medical reports and files that you choose to upload into your health profile.

Operations Data: In order to enhance your usage experience, the application uses cookies, server logs and other similar mechanisms to enable certain functionality, improve services and monitor service usage. These mechanisms are used to save user preferences, preserve session settings, help auto-authentication of frequently used services if required by your settings and to enable other similar functional requirements. You may use browser settings to disable cookies when using our web services, however it may result in some of the features and services of this application not functioning properly.

Disclosure of Information - We may disclose any information to government or law enforcement officials if we believe doing so is required to comply with law enforcement and legal process; to prevent or stop any illegal, unethical, or legally actionable activity; to protect your, our or others rights and safety.

We may disclose your personal information on your own request accompanied by your permission.

Docseeyou does however reserve the right to deactivate or delete accounts of any user found to be in violation of our Terms of Use.

Transmission and Storage Security - All data is stored only in the servers of our technology vendor on the highly secure Amazon Web Service platform (which is compliant with HIPAA regulations). Necessary measures in providing secure transmission of personal health information before it is transferred across the Internet from your personal computer or devices are ensured. However, you should be aware of possible risk involved in transmitting information over the Internet as no data transmission can be guaranteed to be 100% secure and of risk that others could find a way to thwart our security systems. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security and privacy of personal information you transmit to us, and you do so at your own risk.

Restriction based on age - All users of the patient portal and mobile app of Docseeyou are expected to be above 18 years of age. Parents, caregivers/guardians and healthcare providers can provide and store personal information about others, including minors and children. Any user providing, storing or submitting information on behalf of a child/person under guardianship assumes full responsibility over the submission, use, and transmission of such information.

Changes to this Policy - Please note that this Privacy Policy may change from time to time as we continue to offer evolve our services. In the event of any changes in our Privacy Policy, the updated version will be posted here and take effect from the moment of posting.

The above-mentioned terms are applicable if you are a registered patient of Docseeyou using Docseeyou’s web patient portal and mobile application.