Terms & Conditions

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PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY GOVERN YOUR ACCESS, ATTEMPT TO ACCESS AND USE OF MEDICALL

By using MedicALL, including this Website, you accept these terms and conditions in full, along with all other rules, policies and procedures that may be published by MedicALL on the MedicaALL website or otherwise communicated to you from time to time by Medicall.

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORISED TO ACCESS OR USE MEDICALL AND YOU SHOULD EXIT THE WEBSITE AND CANCEL ANY APPOINTMENT IMMEDIATELY.

MedicALL reserves the right to suspend or terminate your access at any time, without notice and without liability, if it reasonably determines you have breached these Terms and Conditions.

MedicALL is NOT to be used in an EMERGENCY situation

IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 191 OR SEEK ALTERNATIVE EMERGENCY MEDICAL SERVICES IN GHANA.

MEDICALL OVERVIEW

MedicALL enables individuals in Ghana (“Customer”, “Customers”, “you”, “your”, “yourself”) to connect in real time, via streaming video and online participation, with clinicians and doctors (all of whom are registered with the appropriate professional body in Ghana) (the “Practitioners”) in order to gain qualified and professional medical advice and be provided with related administrative services including referrals.

MedicALL may vary charges for any Services at any time, and changes will be notified to you in accordance with these Terms and Conditions.

You expressly understand, accept and agree that when using MedicALL, the medical professionals are individually responsible for the medical advice they offer to you via MedicALL.

MedicALL is a connective that enables Customers to consult with Practitioners on a private and self-pay basis from time to time. MedicALL will automatically share your medical information with your clinician unless you opt out of this part of the Service; we automatically opt you in.

INFORMATION YOU PROVIDE

You accept and agree that any medical advice offered and/or diagnosis provided by a Practitioner is based on your recall and description of the symptoms affecting you and/or by reliance on personal health data that you authorise us to obtain/that you provide to us by way of uploading such information to MedicALL. A very significant part of the medical advice/diagnosis you may receive is therefore based on the information that you supply. It is entirely your responsibility to honestly present information when questioned in as much detail as possible. The information’s accuracy is paramount.

You warrant without exception that any information you provide is honest, legitimate and an accurate representation of your situation as you see it. With regard to information you provide from other service providers or otherwise upload to MedicALL, you warrant and confirm that such additional information is accurate, legally provided and has not been tampered with.

You understand and accept that you may choose to give access only to certain portions of your medical information, but that by doing so this may interfere with the care you receive from Practitioners and/or your care generally.

You understand and agree that you may NOT under any circumstances amend, alter or tamper with the contents of any documents created on MedicALL and/or issued to you via MedicALL.

At any time, you may be notified that information that is considered private and possibly time-sensitive is available for your review; so you should consider ease of access when determining which email address you use for your Account.

You are obliged to advise us of the following as soon as reasonably possible:

  • => Changes to your legal name
  • => Changes in email address
  • => Change of postal address, including postal code
  • => Change of mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number)
  • => Change of debit or credit card details, including billing address, for any card registered to your Account

CONSULTATIONS - NOT FOR BETA LAUNCH

We charge for consultations, which we call Sessions. You understand and accept that you may only ever purchase a complete Session and not individual minutes and that using one (1) second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session, nor shall you be due any rebate, refund or compensation of any kind if you fail to prevent the start of a new Session

PRACTITIONERS AND CHOICE

You may not choose the Practitioner to which you are connected unless MedicALL provides these options to you, which it may do from time to time at its sole discretion. MedicALL does not make any guarantee whatsoever as to the availability of any single Practitioner at any time.

MedicALL does not make any representation or give any warranties regarding the Practitioners’ training, qualifications or skill, although we do, as required by our regulator and local law, make appropriate checks to ensure certain aspects of the Practitioner validity.

YOUR MEDICALL ACCOUNT

In order to access MedicALL and the Services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal right, capacity and ability, on your own behalf to accept and agree to these Terms and Conditions.

You agree to create your MedicALL account (Account) accurately and truthfully, including but not limited to your name, email address, height and weight.

Your Account details are personal to you and you are solely responsible for maintaining their confidentiality, as you remain liable for all activity that occurs under your Account. You agree to prohibit anyone else from using your Account and you agree immediately to notify MedicALL of any actual or suspected unauthorised use of your Account or any other security concerns, howsoever arising, immediately upon your becoming aware of them. Unless and until you notify us of any suspicious activity or security concerns we will assume all actions taken linked to your Account to be authorised by you.

In order to determine your compliance with these Terms and Conditions we reserve the right to monitor your access to and use of the MedicALL and the Services. MedicALL may, at its sole discretion, deny access to MedicALL and/or refuse to provide Services in the case of actual or suspected misuse of MedicALL and/or Services or for any actual, attempted or suspected non-compliance with these Terms and Conditions, including but not limited to security concerns or potential infringement of intellectual property rights.

MedicALL reserves the right to refuse access to the MedicALL to anyone, at its sole discretion from time to time, whether or not the user has previously successfully registered, visited or used any Services.

We will not consult with, triage or give medical advice to children or young persons under the age of 16 unless accompanied by a parent with a valid form photo ID (Passport or driving licence). Children under 18 must use their parents account when authorised, but can consult with or without a parent present.

SECURITY

MedicALL may contact you by telephone, post or email to verify your Account information. MedicALL may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account.

If you do not provide any such information in the manner requested within seven (7) working days of the request, MedicALL reserves the right to suspend, discontinue or deny your access to and use of MedicALL and Services until such time as the information is provided to MedicALL’s reasonable satisfaction.

ELECTRONIC MEDICAL RECORDS

Your MedicALL electronic medical record is created for you to document (by way of consultation with a Practitioner only), store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Practitioner to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable local law. Any information provided as part of a consultation (which may be made up of video, chat messages, pictures exchanged or snapped) becomes part of your digital health record when attached to the records by your Practitioner. If you want a particular detail added to your record, it is your responsibility to express this view to your Practitioner whilst in consultation. For additional information regarding use of your record.

It is your responsibility to confirm any information during a consultation with a Practitioner so as to ensure the accuracy of your Medical record. MedicALL is not responsible for maintaining a complete record of all data arising from use of the Services. MedicALL reserves the right to maintain, process, review, delete or destroy all communications and materials posted or uploaded to the MedicALL. Please note that your Practitioner is obliged to use the information included in your record solely in accordance with their legal obligations including, without limitation, obtaining any consents or authorisations that may be required for your information to be shared with other participating providers. However, by requesting a consultation through the MedicALL, you agree to disclose the full contents of your record to the Practitioner who will conduct your consultation.

If you would like a copy of your MedicALL record you can email info@medic-all.org.

INFORMATION RESOURCES (OPT-IN)

By registering with MedicALL, you are providing "opt-in" consent to non-essential marketing, you are agreeing to the receipt of offers, promotions, surveys, newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites and specific questions related to your MedicALL Account. Additionally, MedicALL makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MedicALL. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care.

The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by MedicALL. MedicALL makes no warranty as to the content of these materials or the information contained therein, neither does it represent or warrant that any particular drug or treatment is safe, appropriate or effective for you.

If you do not wish to receive such communications, you may opt-out at any time by emailing info@medic-all.org.

LIMITATIONS ON USE

You agree that you will not, and will not permit anyone else to:

  1. use MedicALL or Services in any unlawful way and/or for any unlawful purpose;
  2. post or transmit a message (written, verbal or via video) under a false name or use the network resources of MedicALL to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Practitioners) or MedicALL. All messages transmitted via MedicALL and the MedicALL should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
  3. allow another person or entity to use your Account;
  4. market, promote or solicit the Services except as expressly permitted by these Terms and Conditions;
  5. distribute chain letters or unsolicited bulk electronic mail ("spamming") via the MedicALL webiste, to MedicALL or to any third party allegedly on behalf of MedicALL;
  6. attempt to undermine the security or integrity of computing systems or networks of MedicALL, MedicALL website or any sites MedicALL accessed through or via the MedicALL, and you must not attempt to gain unauthorised access;
  7. harvest or collect data about any other individual who uses the MedicALL;
  8. post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate MedicALL or the Services;
  9. tamper, hack, spoof, copy, modify or otherwise corrupt the administration, security or proper function of the MedicALL or the Services. You will not use robots or scripts with the MedicALL;
  10. attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this MedicALL. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

    You further agree that any information you provide or use on the MedicALL, and your use of the MedicALL or Services will not infringe or facilitate infringement of any copyright, patent, trade mark, trade secret or other proprietary, publicity or privacy rights of any party.

    MedicALL maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trade mark or other intellectual property or ownership right of any other person and to suspend your access to the MedicALL in such circumstances.

    MedicALL reserves the right to terminate any Account that does not include a valid email address and mobile telephone number (not a landline) on file as part of that individual’s Account.

OPERATIONAL FUNCTIONALITY

MedicALL reserves complete discretion with respect to the operation of the MedicALL and Services and may alter, withdraw, suspend or discontinue any functionality or feature of the MedicALL and/or Services at any time. MedicALL is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers.

MedicALL reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the MedicALL in accordance with its information policies from time to time.

If MedicALL needs to suspend access to the MedicALLat a time when you have booked a consultation it will notify you in advance (unless such suspension is for unforeseen purposes, such as for emergency maintenance) and arrange a new consultation time for you as soon as possible at no additional cost.

LINKING

You may link to our website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. We reserve the right to withdraw linking permission at any time.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of content on our site other than that set out above, please contact us.

INTELLECTUAL PROPERTY

With the exception of your digital health record, MedicALL (or its licensors) retains all right, title and interest in and to the MedicALL name, the Services and any information, products, documentation, software or other materials used in relation to or made available via the MedicALL, along with any patent, copyright, trade secret, trade mark, service mark or other intellectual property right in any of the foregoing in any territory.

You will not store, copy, modify, lease, loan, sell, distribute, transfer, display, reverse engineer, reverse assemble or otherwise attempt to discover any programming code or any source code used in or with the MedicALL (save to the extent required for you to make back-up copies of such software or arrange its inter-operability with other packages).

You acknowledge that violations (as determined at MedicALL’s sole discretion) of these intellectual property protections may lead to formal legal action. Save as set out in these Terms and Conditions you have no right to use any of the intellectual property rights associated with the MedicALL without the prior written consent of MedicALL

SERVICE RELIABILITY AND WARRANTIES

MedicALL makes no warranty that the MedicALL or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. MedicALL is not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

LIMITATION OF LIABILITY

If MedicALL fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of it breaking this contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchase any Services, both we and you knew it might happen, for example, if you contacted us about it during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

We will not be liable to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • => inability to use the MedicALL; or
  • => use of or reliance on any content displayed on the MedicALL

Please note that we only provide the MedicALL for domestic and private use. You may not use the MedicALL or the Services for any commercial or business purposes; if you do use the MedicALL or the Services for any commercial purpose, MedicALL has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

YOUR RIGHT TO TERMINATE

You may cease using the MedicALL and/or have your Account suspended from usage/availability at any time. Provided you are not in breach of these Terms and Conditions you can contact info@medic-all.org.

FAIR USAGE POLICY

Our Fair Usage Policy is designed to prevent fraud, abuse of memberships and to ensure that everyone who wishes to use our Service is able to access a clinician in Ghana as fast as possible. We also reserve the right to cancel the session at our sole discretion should you use our Services for any unlawful, prohibited or unusual activities, including but not limited to commercial use of our Services.

Any actions contrary to the Fair Usage Policy or these Terms and Conditions may lead to your Membership being suspended or our relationship with you being terminated. Where we consider it reasonable, we may provide you with a notice of improper behaviour before suspending, terminating or offering an alternative membership, as we deem appropriate.