Kwikdokita Terms and Conditions of Use
Welcome to the KwikDokita App and website. KwikDokita is a matching and payment service, and acts only as an Intermediary between Health service providers (Doctors) and Users (Patients). Thus KwikDokita is not an employer of doctors but simply provides a platform where those in need of any non-emergency health care / attention can meet health service providers within or near their location.
- KwikDokita’s website and App is owned and operated by Aggregator technology Consult Limited, a limited liability company incorporated in Uganda.
- KwikDokita’s website and App are administered in the Uganda and therefore intended for use in Uganda only. Any use outside of the republic of Uganda or use related to activities outside of the republic of Uganda is prohibited and at the user’s own risk. As a user, you are responsible for compliance with any local or state laws applicable use of the App Services or the Site.
- The following terms are defined in this agreement as follows:
- “Intermediary” refers to the relationship between Users (Patients) and health service providers (Doctors) where kwikDokita acts as an intermediary in by linking patients to doctors.
- "Health Service Provider" refers to any person offering healthcare services via the Website or App, including home visits, video consultations and clinic visits
- "User" refers to any person(s), or family requesting healthcare services via the Website or App and includes the parents, guardians or carers of any other person in need of healthcare
- “Member” or “Membership” refers to a user or a healthcare provider that has registered on the Website or App
- “Website” refers to the domains of kwikdokita.com, which is the online medium through which the KwikDokita matching service is able to operate.
- “App” refers to an installed application on a smart phone, tablet or any other medium capable of running KwikDokita in its applicable form, which is available for download via Apple App Store and Google Play
- “you”, “your” means the any person using the Website or App
- “Intellectual Property” means all rights belonging to KwikDokita in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise; concepts, ideas, methods, methodologies and business methods developed in relation to the Website and App.
Acceptance of these terms and conditions
- Your access and use of the KwikDokita App will be governed by these Terms and conditions
- KwikDokita may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Website and in the App. A notice will be emailed to you as a member or doctor notifying you that amendments have been made. Your continued use of the Website or App after any changes are made to these Terms will be deemed to constitute your acceptance of those changes
- If you object to any changes to the Terms, or otherwise become dissatisfied with your membership, you may immediately discontinue your use of the Website or App and/or terminate your Membership by following the process outlined in the Support section of the Website or App.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KwikDokita (“we,” “us” or “our”).
Membership and registration
For one (whether health provider or someone seeking medical help), to actively participate or store information on the App;
- You must register as a member by providing up to date personal information like Email Address, Phone number, National Id as well as Physical Address.
- You must create an account using this information and also create a password for security purposes. You agree to keep your password confidential and will be responsible for all use of your account and password.
Your Responsibilities Generally
By using the App, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You are not under the age of 18, if a minor, you have received parental permission to use the App
- Your use of the App will not violate any applicable law or regulation.
- Even though the Services of the App are provided free of charge, any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility.
- You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You may only use the App and the Services for lawful, non-commercial purposes.
- You may not use the App in any manner that could damage, disable, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the App.
- You may not attempt to gain unauthorized access to any of the Services, user account or networks, through hacking, password mining or any other means.
- You may not accumulate or index, directly or indirectly, any Content of the App and/or Services (including Healthcare Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
- You will not use the App 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 Healthcare Provider offering services, as applicable.
- You will not use the App to establish or enforce any agreement or coordination of the prices charged for any product or service; amount of any product or service offered; or the customer or customer categories for any product.
- You will not use the App to engage in any anticompetitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
- You agree not to use the App in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
The KwikDokita App is intended for users who are at least 18 years old.
- Persons under the age of 18 are not permitted to register for the App.
- All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App.
- You may not access or use the App for any purpose other than that for which we make the App available.
- The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the KwikDokita App, you agree not to:
- Systematically retrieve data or other content from the App for other purposes without written permission from us.
- Use a buying agent or purchasing agent to make purchases on the App, or to advertise or offer to sell goods and services.
- Disable, or otherwise interfere with security-related features of the App, which in the end maybe;
- Engage in unauthorized framing of or linking to the App.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the App in order to harass, abuse, or harm another person.
- Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses that may interferes with the use, features, functions, operation, or maintenance of the App.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
- Use the App in a manner inconsistent with any applicable laws or regulations.
CANCELLATION AND REFUND POLICY
- If a cancellation of the Doctor is made by the Patient more than 24 hours before the scheduled commencement time, 100% of the fees paid by the Patient will be refunded.
- If a cancellation of the Doctor is made by the Patient within 24 hours of the scheduled commencement time, a minimum of 50% of the fees will be charged to the Patient and forwarded onto the Doctor.
- If the Patient fails to cancel a Doctor more than 1 hour before the commencement time the fees paid by the Patient will not be refunded.
- If a Doctor cancels the booking before the commencement time, then the patient will be refunded as per the refund policy below.
- In the event that a Doctor fails to show up for a confirmed booking, for any reason, without providing a cancellation notice, a 100% refund will be provided.
- If a health service provide cancels a confirmed booking at any time prior to the booking commencement time, a 100% refund will be provided.
- If a Patient cancels a confirmed booking within 24 hours of the scheduled commencement time, 50% of the fees paid by the Patient will be refunded.
- If the user fails to cancel to a doctor more than 1 hour before the commencement time the fees paid by the user will not be refunded.
- You may not use contact information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending unsolicited bulk communications, such as SPAM.
- You may not allow others to use your account to violate the terms of this section.
- We may immediately terminate your registration or access to the App and take other legal action if you or anyone using your Credentials violates these provisions.
- You may submit posted Information such as offering feedback, submitting inquiries and participating in the other interactive and community features of the App.
- In providing feedback, give clear, honest information about the Healthcare Provider and your experiences without;
- Using inappropriate language;
- Making personal criticisms or comments;
- Providing information that others could use to determine your identity;
- When participating in interactive or community aspects of the App,
- Do not post any information that another user or Healthcare Provider may use to individually identify you
- Detail all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your posted Information as part of the App and to also remove it for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information.
Keep in mind that the Posted Information of others is simply opinion and should not be relied on.
Without limiting the generality of the foregoing:
- You are solely responsible for any posted Information that you submit, publish or display through the App or transmit to other users of the App.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by KwikDokita.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true.
- Is false, deceptive or misleading;
- Harms KwikDokita, our service providers, suppliers or any other person;
- Harasses or advocates harassment of another person;
- Involves the transmission of unsolicited mass mailing or “spamming”;
- Violates, infringes or misappropriates the intellectual property or other rights of any person;
- Violates antitrust, competition, or consumer protection laws;
- Is threatening, abusive, obscene, defamatory or libelous; or
- Is pornographic or sexually explicit in nature.
USE OF CONTENT
- Unless otherwise indicated, the App is our proprietary property and all content inform of source code, databases, functionality, software, audio, video, text, photographs, and graphics on the App and the trademarks, service marks, and logos contained therein are owned or controlled by us and therefore licensed to us.
- These are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
- The Content and the Marks are provided on the App for your information and personal use only.
- Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
- We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
We may send communications to you on your mobile telephone by SMS or text message.
Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
We may incorporate third-party software as part of certain of the Services, including without limitation open source third-party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, additional notices relating to the third-party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third-party software.
APPLE AND ANDROID DEVICE AND APPLICATION TERMS
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App:
- The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
- You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
You shall not:
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
- Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
- Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
- Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
- Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
- Use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
- Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Authorization and acknowledgement; important information about healthcare provider relationships and lists
In connection with using the App and the Services to locate and schedule appointments with
Healthcare Providers, you understand that:
- You are ultimately responsible for choosing your own healthcare provider.
- KwikDokita is responsible for ensuring that all Healthcare Providers who participate in the Services hold active licenses required by law to practice the specialties of the services offered by them, and can participate in the Medicare and Medicaid programs. It also may exclude Healthcare Providers who have engaged in inappropriate or unprofessional conduct.
KwikDokita provides you with lists and/or profile previews of Healthcare Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty). These lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other users, and past experience users with Healthcare Providers); however, KwikDokita;
- Does not recommend or endorse any Healthcare Providers.
- Does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide.
HEALTHCARE PROVIDER CONTENT
Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content is both provided by the Healthcare Providers and/or office staff, and collected from multiple other data sources that may not be confirmed by any Healthcare Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the App nor KwikDokita provides any advice or qualification certification about any particular Healthcare Provider. You understand that it is your responsibility to independently verify such Content.
The insurance and Content which includes, without limitation, insurance coverage and benefit Content is intended for general reference purposes and for your convenience only and/or the convenience of Health Care Providers making use of or considering use of such Content only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Healthcare Provider Content. The Insurance
Content is provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will;
- Provide accurate and complete insurance related Personal Information.
- Verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide).
KwikDokita will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.
DISCLAIMER OF WARRANTIES
The app is provided on an as-is and as-available basis. You agree that your use of the app services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the app’s content or the content of any websites linked to this app and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the app, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the app, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the app. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the app, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate.
GENERAL LIMITATION OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the app, even if we have been advised of the possibility of such damages. [notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to [the lesser of] [the amount paid, if any, by you to us during a certain period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Contributions.
- Use of the App.
- Your violation of the rights of a third party, including but not limited to intellectual property rights.
- Any overt harmful act toward any other user of the App with whom you connected via the App
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:
Aggregator Technology Consult Limited
Cooper Rd, 7th Floor of The Cube building, Office Hive.