These Terms and Conditions (“Terms”) govern the use of the M-Kliniki telemedicine platform (“Platform”) provided by Urban Tech For Hope Ltd. (“UTFH”) and outline the relationship between UTFH, Healthcare Service Providers (“HCPs”), Patients (“Users”), Pharmacies (“Vendors”), and M-Kliniki Riders. By accessing or using the Platform, all parties agree to be bound by these Terms.

  1. Definitions
  • Agreement: Refers to these Terms and Conditions, including all annexes.
  • Platform: The M-Kliniki telemedicine platform developed by UTFH.
  • HCP: Healthcare Service Provider accessing the Platform.
  • User: Patients utilizing the Platform for healthcare services.
  • Vendor: Pharmacies participating on the Platform.
  • M-Kliniki Rider: Individuals responsible for delivering medications and health products ordered through the Platform.
  • Data Protection Act: The Kenyan Data Protection Act, 2019.
  • Confidential Information: All data shared between Parties that is not publicly available.
  1. Acceptance of Terms

By using the Platform, Users, HCPs, Vendors, and Riders confirm their acceptance of these Terms. If any party does not agree with these Terms, they must refrain from using the Platform.

  1. Inclusion of Pharmacies and M-Kliniki Riders
  • Pharmacies (Vendors): Vendors are included in these Terms. They are responsible for providing accurate information regarding their products and services, ensuring compliance with applicable laws, and maintaining User data confidentiality. Vendors may interact with Users through the Platform to facilitate medication provision as prescribed by HCPs.
  • M-Kliniki Riders: Riders are responsible for delivering medications and health products ordered through the Platform. They must adhere to safety protocols established by UTFH and maintain confidentiality regarding User information.
  1. Data Protection and Privacy

UTFH is committed to protecting User and HCP data privacy in compliance with the Kenyan Data Protection Act, 2019.

  • Data Collection: UTFH collects data to provide and improve Platform Services, facilitate consultations, and ensure legal compliance.
  • Data Security: UTFH employs technical measures to protect data against unauthorized access or loss.
  • User Consent: Explicit consent is obtained from Users before collecting personal data. Users have rights to access, rectify, or erase their data.
  1. Telemedicine Services

The Platform facilitates virtual consultations between Users and HCPs, which may include:

  • Medical history assessments
  • Diagnosis and treatment recommendations
  • Referrals for physical tests or treatments

Users are advised that telemedicine services do not replace in-person medical care in emergencies.

  1. HCP Responsibilities

HCPs are responsible for:

  • Delivering quality healthcare services in accordance with professional standards.
  • Maintaining confidentiality of User information.
  • Ensuring compliance with applicable laws and ethical guidelines.
  1. Payment and Fees

Consultation fees are determined by HCPs and displayed on the Platform. Payment processing is facilitated through various digital channels, including MPESA and credit/debit cards. Refund policies are at the discretion of individual HCPs.

  1. Intellectual Property

All content on the Platform, including software, trademarks, and logos, is owned by UTFH or its licensors. Users, HCPs, Vendors, and Riders are granted a limited license to use the Platform for its intended purposes only.

  1. Disclaimer of Warranties

The Platform is provided “as is” without warranties of any kind. UTFH does not guarantee uninterrupted or error-free service.

  1. Limitation of Liability

UTFH shall not be liable for any damages arising from the use of the Platform or its services, including direct or indirect damages.

  1. Indemnification

Users, HCPs, Vendors, and Riders agree to indemnify UTFH against any claims arising from their use of the Platform or breach of these Terms.

  1. Termination

UTFH may terminate access to the Platform at any time for reasons including breach of these Terms or misuse of the Platform.

  1. Governing Law

These Terms shall be governed by Kenyan law. Any disputes will be subject to the exclusive jurisdiction of Kenyan courts.

  1. Amendments

UTFH reserves the right to amend these Terms at any time by posting updates on the Platform. Users, HCPs, Vendors, and Riders are responsible for reviewing these periodically.

  1. Entire Agreement

These Terms constitute the entire agreement between parties regarding the subject matter herein and supersede all prior agreements.

  1. Contact Information

For questions regarding these Terms, please visit the Contact Us page. By using this platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.