signing terms and conditions

Terms of Use

Last Updated: 18th August, 2023

Table of Contents

Introduction

These Terms and Conditions (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and eHealth Technologies Limited (“Company”, “we”, “us”, or “our”), concerning your access to and use of (suite product/software) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Software”). For the purposes of this Agreement, “Software” refers to all eHealth Technologies related products, including but not limited to the (suite product/software) specified herein. We are registered in Ghana and have our registered office at Buena Vista Homes, Sakumono Accra. By accessing the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with all of these terms, then you are expressly prohibited from using the Software, and you must discontinue use immediately.

Supplemental Terms and Modifications

Supplemental terms and conditions or documents that may be posted on the Software from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Software following any changes constitutes your acceptance of those changes.

User Representations

By using the Software, you represent and warrant that:

  1. All registration information you submit is true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Terms and Conditions.
  4. You are not under the age of 13.
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Software.
  6. You will not access the Software through automated or non-human means, whether through a bot, script, or otherwise.
  7. You will not use the Software for any illegal or unauthorized purpose.
  8. Your use of the Software will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Software (or any portion thereof).

User Obligations and Prohibited Activities

By accessing and using the Software, you agree to adhere to the following obligations and refrain from engaging in any prohibited activities:

User Obligations
  1. Accurate Information: You must provide accurate, current, and complete information during the registration process and promptly update this information if it changes.
  2. Legal Capacity: You confirm that you have the legal capacity to enter into these Terms and Conditions and to use the software.
  3. Age Restriction: You must be at least 13 years old to use the software. If you are a minor in your jurisdiction, you must have obtained parental permission to use the software.
  4. No Automated Access: You will not access the software using automated scripts, bots, or any non-human means that could disrupt the functionality or integrity of the software.
  5. Lawful Use: You agree to use the software for lawful purposes only and will not engage in any activities that violate applicable laws, regulations, or the rights of others.
Prohibited Activities
  1. Unauthorized Access: You must not attempt to access parts of the software that are restricted or intended for authorized users only.
  2. Data Scraping: You are prohibited from scraping, collecting, or harvesting information from the software without our express consent.
  3. Malicious Activities: Any attempt to introduce viruses, malware, or any harmful code to the software is strictly prohibited.
  4. Impersonation: You must not impersonate any individual, entity, or misrepresent your affiliation with any person or organization.
  5. Infringement: You will not upload, post, or transmit content that infringes upon the intellectual property rights or privacy of others.
  6. Abuse and Harassment: Harassing, threatening, or abusing other users or individuals through the software is not allowed.
  7. Commercial Use: Using the software for commercial purposes without our explicit authorization is prohibited.
  8. Misuse of Healthcare Information: If you are a healthcare professional, you agree to use any patient information solely for the purpose of providing healthcare services and not for any unauthorized purposes.
Consequences of Violation

In the event of violation of these obligations and engagement in prohibited activities, eHealth Technologies Limited reserves the right to take appropriate actions, including but not limited to:

  1. Account Suspension or Termination: Your access to the software may be suspended or terminated, either temporarily or permanently, based on the nature and severity of the violation.
  2. Legal Actions: We may take legal actions against individuals or entities found to be engaged in activities that violate applicable laws, regulations, or the rights of others.
  3. Removal of Content: Content that violates these terms may be removed or edited at our discretion.
  4. Reporting: We may report violations to law enforcement authorities or regulatory bodies when deemed necessary.
  5. Blocking Access: We reserve the right to block or restrict your access to the software to prevent further violations.
  6. Disqualification: Violation of user obligations may result in disqualification from using certain features of the software or participating in specific activities.

It is important to recognize that adherence to these obligations and refraining from prohibited activities is essential to maintaining a secure, productive, and respectful environment for all users of the software. We encourage users to report any violations they observe to help us ensure the integrity and positive impact of our platform.

Guide for MyHealth Users

In reading these Terms and Conditions for using MyHealth, the following terms shall have the meanings stated below:

  1. Profile: Profile refers to all information about a Patient including their Personal Information and information about their health and well-being.
  2. Primary Profile: Primary Profile refers to the profile of the Account Owner.
  3. Secondary Profile: Secondary Profile refers to other Profile information added by the Account Owner that does not belong to the Account Owner. An Account can have more than one Profile based on a user's subscription plan.
  4. Account Owner: Account Owner refers to anyone who has primary access to the MyHealth App after creating an account on the app.

Payments and Refunds

By using the MyHealth App, and engaging in subscription-based services, you acknowledge and agree to the following payment and refund terms:

Non-Refundable Subscription Payment
  1. Any subscription payment made is not refundable.
  2. Downgrading or upgrading your subscription level does not entitle you to any form of refunds.
Healthcare Professional Subscription

Subscribing to a healthcare professional's services, such as a Pharmacist and/or Medic, is subject to the following conditions:

  1. In the event that a subscribed healthcare professional does not provide the expected services, eHealth Technologies Limited will not issue a refund.
  2. However, eHealth Technologies Limited may provide you with a discount on your next subscription, equivalent to the amount paid to the healthcare professional who did not deliver services.

These payment and refund terms are designed to ensure transparency and fairness in the subscription-based services provided by eHealth Technologies Limited. Please carefully review and consider these terms before engaging in any subscription or payment activities on the Software.

Guide for Pharmcare and MyDoctor Users

By using the Software as a Pharmcare or MyDoctor user, you acknowledge and agree to the following terms and definitions:

  1. Profile: Profile refers to all information required by Patients to make informed decisions about selecting you as their healthcare provider. This includes Personal Information such as First Name, Last Name, Sex, and your Professional Information, such as years of experience and specialty.
  2. Patient: Patients are individuals who have subscribed to you to receive healthcare services for a specified period of time in exchange for a fee.

User Registrations

As a Pharmcare or MyDoctor user, you must adhere to the following registration terms:

  1. Account Creation: You are required to create an account to access the Software. You agree to maintain the confidentiality of your password and will be solely responsible for all activities conducted through your account. We reserve the right to remove, reclaim, or modify any username that we deem inappropriate, obscene, or objectionable, in our sole discretion.
  2. Licensing: You affirm that you possess the appropriate license and credentials to provide healthcare services in your jurisdiction. You understand and acknowledge that any misrepresentation of your qualifications is a violation of these Terms and Conditions and may result in immediate account suspension or termination.
  3. Service Agreement: By using the Software, you agree to provide healthcare services to Patients for the duration specified in your agreement with them. You are responsible for managing your availability, appointments, and communication with Patients.
  4. Consequences of Violation: Failure to comply with the terms outlined above may result in the suspension or termination of your account and access to the Software. We reserve the right to take legal action in cases of severe violations.

Payments and Refunds

By using the Software and providing healthcare services as a Pharmcare or MyDoctor user, you agree to the following payment terms:

Patient Payments
  1. Amounts paid by Patients for your healthcare services will be remitted directly to eHealth Technologies Limited. These funds will be held in escrow until a satisfactory portion of the total service period is completed.
  2. For Monthly Services, you can request withdrawals from the escrow account after completing at least half of the service period. For Daily Services, you become eligible for withdrawal after 24 hours. This ensures that patients have ample time to assess your service quality before you can access the funds.
Annual Subscription Fee
  1. Healthcare Professionals are required to pay an annual subscription fee for the use of the app's services.
  2. If you choose to discontinue using the app or delete your account for any reason, the annual subscription fee is non-refundable.

These payment terms are subject to change at the discretion of eHealth Technologies Limited, and any modifications will be communicated to you through appropriate channels.

Other Terms of Use

Privacy and Data Usage

We prioritize safeguarding your privacy and managing your personal data with utmost responsibility. When you engage with the Software, you thereby grant your consent to our practices of gathering, utilizing, and revealing your data as outlined in our Privacy Policy. It's important to recognize and acknowledge that your utilization of the Software could entail the accumulation and processing of both personal and health-related information. You commit to adhering to all pertinent data protection laws and regulations, comprehending that your data might be shared, with your explicit consent, among healthcare professionals and other users to ensure the seamless operation of the Software.

Intellectual Property

The Software and its original content, features, and functionality are and will remain the exclusive property of eHealth Technologies Limited and its licensors. The Software is protected by copyright, trademark, and other laws of both Ghana and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of eHealth Technologies Limited.

Termination and Suspension

We reserve the right to suspend or terminate your access to the Software, in our sole discretion, at any time and for any reason, including but not limited to a violation of these Terms and Conditions. In the event of termination, your right to use the Software will cease immediately. Upon termination, your account and any data associated with it may be deleted, and we are under no obligation to provide you with access to such data.

Dispute Resolution

Any dispute arising out of or related to these Terms and Conditions or your use of the Software shall be governed by the laws of Ghana, without regard to its conflicts of law principles. You agree to submit to the personal jurisdiction of the courts located in Ghana for the resolution of any such dispute.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall eHealth Technologies Limited or its affiliates, officers, directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Software; (b) any conduct or content of any third party on the Software; (c) any content obtained from the Software; or (d) unauthorized access, use, or alteration of your transmissions or content.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at support@ehealthgh.com.