Terms of Service

Last Updated: [Date of Last Update]

Welcome to TelehealthAfrica! These Terms of Service ("Terms") govern your access to and use of the TelehealthAfrica platform, websites, mobile applications, and related services (collectively, the "Services") provided by [Your Company Name] ("TelehealthAfrica," "we," "us," or "our"). Our Services connect Patients with Doctors and other Healthcare Professionals, Pharmacies, Laboratories, Health Centers, and Medical Suppliers (collectively "Users" or "Participants").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

1. Our Services - IMPORTANT MEDICAL DISCLAIMERS

TelehealthAfrica provides a technology platform to facilitate remote healthcare consultations, prescription management, lab test coordination, and connections within the healthcare ecosystem.

A. NO MEDICAL ADVICE FROM TELEHEALTHAFRICA: TelehealthAfrica itself does not provide medical advice, diagnosis, or treatment. Any information provided on the platform, other than information received directly from a licensed Healthcare Professional during a consultation, is for informational purposes only and should not be considered medical advice.

B. DOCTOR-PATIENT RELATIONSHIP: The Services facilitate the creation of a doctor-patient relationship (or other healthcare professional-patient relationship) exclusively between the Patient and the Healthcare Professional. TelehealthAfrica is not a party to this relationship.

C. NOT FOR EMERGENCIES: OUR SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY NUMBER OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

D. Limitations of Telehealth: You understand that telehealth involves the use of electronic communications to enable Healthcare Professionals at different locations to share individual patient medical information for the purpose of improving patient care. You understand that there are risks associated with telehealth, including but not limited to, limitations in technology that may affect the quality of the consultation, delays in medical evaluation and treatment due to deficiencies or failures of the equipment, and breaches of confidentiality of medical information.

2. User Accounts and Eligibility

A. Registration: To use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

B. Eligibility: You must be at least [e.g., 18 years old] to create an account and use the Services as a primary account holder. Minors may use the Services only under the supervision and with the consent of a parent or legal guardian, through the guardian's account, where permitted by applicable law and the specific service.

C. Account Security: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

D. Professional Users (Doctors, Pharmacies, Labs, etc.): If you are registering as a Healthcare Professional, Pharmacy, Laboratory, Health Center, or Supplier, you represent and warrant that you hold all necessary licenses, certifications, and authorizations required by applicable law to provide your services or products and that all information you provide regarding your credentials and services is accurate and truthful. You agree to maintain such credentials in good standing.

3. User Conduct and Responsibilities

All Users agree not to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Use the Services for any fraudulent or unlawful purpose.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available.
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • Misuse the platform, including but not limited to, attempting to obtain services without proper payment, providing false information, or harassing other users.
  • [Add specific prohibited uses relevant to your platform, e.g., sharing account credentials, unauthorized recording of consultations, etc.]

Specific Responsibilities:

  • Patients: Provide accurate health information. Understand the advice and treatment plans given by Healthcare Professionals. Follow up as recommended. Pay for services rendered.
  • Healthcare Professionals: Provide care in accordance with professional standards and applicable laws. Maintain patient confidentiality. Accurately represent qualifications. Use sound medical judgment.
  • Pharmacies/Labs/Suppliers: Fulfill orders accurately and in compliance with regulations. Maintain confidentiality. Ensure quality of products/services.

4. Consultations, Prescriptions, and Lab Services

A. Consultations: Healthcare Professionals are solely responsible for the quality and appropriateness of the care they render to Patients. TelehealthAfrica does not guarantee that a consultation will result in a specific diagnosis, treatment, or prescription.

B. Prescriptions: Healthcare Professionals may issue prescriptions based on their professional judgment. TelehealthAfrica facilitates the transmission of e-prescriptions to Pharmacies chosen by the Patient. The availability of certain medications may be subject to local regulations and pharmacy stock. Not all conditions are suitable for online prescribing.

C. Laboratory Services: Healthcare Professionals may recommend lab tests. TelehealthAfrica may facilitate the ordering of such tests from partner Laboratories and the secure transmission of results. Patients are responsible for any costs associated with lab tests unless otherwise specified.

5. Payments, Fees, and Refunds

A. Fees: Certain Services, such as consultations or product purchases, may require payment of fees. You agree to pay all applicable fees as described on the Services for those services you select. All fees are in [Specify Currency, e.g., USD, NGN, KES] and are non-refundable except as expressly stated in our Refund Policy or as required by law.

B. Payment Processing: We use third-party payment processors ([Name of Payment Processor(s)]) to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.

C. For Providers/Entities: Payouts for services rendered will be made according to a separate agreement or as detailed within your provider portal, subject to applicable transaction fees.

[Detail your refund policy or link to it.]

6. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TelehealthAfrica, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use (if a patient) or for your professional service provision (if a registered provider/entity) in accordance with these Terms.

7. User Content

If you post, upload, or otherwise make available any information, data, text, or other materials ("User Content") on or through the Services, you grant TelehealthAfrica a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Services. This does not apply to Protected Health Information (PHI) shared within a secure consultation, which is governed by our Privacy Policy and healthcare privacy laws.

You are solely responsible for your User Content and the consequences of posting or publishing it.

8. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us.

9. Disclaimers and Limitation of Liability

A. AS IS BASIS: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELEHEALTHAFRICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

B. NO WARRANTY: WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

C. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELEHEALTHAFRICA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELEHEALTHAFRICA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

D. Healthcare Professional Responsibility: Healthcare Professionals using the platform are independent providers and are solely responsible for the services they provide. TelehealthAfrica is not liable for any professional malpractice or any other claims arising from the provision of healthcare services by Healthcare Professionals.

[Consider adding a cap on direct damages if legally advisable/common in your jurisdiction.]

10. Indemnification

You agree to defend, indemnify, and hold harmless TelehealthAfrica, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Specify Jurisdiction, e.g., the Federal Republic of Nigeria, or State of Delaware, USA, if incorporated there], without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by [Specify Dispute Resolution Method, e.g., binding arbitration in [City, Country] under the rules of [Arbitration Body], or litigation in the courts of [City, Country]].

[Consider specific clauses for different user locations if necessary.]

12. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30 days'] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Miscellaneous

A. Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and TelehealthAfrica regarding the use of the Services.

B. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced to the fullest extent under law.

C. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

D. Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms freely.

14. Contact Us

If you have any questions about these Terms, please contact us at:

TelehealthAfrica
[Your Company's Physical Address, if applicable]
[City, Country]
Email: [Your Legal or Support Email Address, e.g., legal@telehealth.africa or mutaboyerwa1@gmail.com]