Terms and Conditions Agreement for the "Kinda Health" Application (This version is specifically for "the platform" clients and users receiving health services) Last updated: October 23, 2024.
1. Importance of Reviewing the Agreement and Its Updates. These terms and conditions (hereinafter referred to as the "Agreement") should be read carefully before using the KindaHealth platform, whether through its website www.kindahealth.com or the mobile application (hereinafter collectively referred to as the "platform"). This careful reading is crucial as it ensures awareness of the platform and the rules and regulations governing its use. While we encourage you to read the Agreement, we also ask you to follow its updates and any modifications that may occur from time to time to ensure your rights and to absolve us of any responsibilities in this regard.
2. Parties to the Agreement. Dear user, this Agreement is considered an optional contract between you as a service requester and the "platform" as an intermediary in providing the service. Its terms and conditions apply throughout the contract period between the parties, which begins and ends according to the duration clause mentioned in this Agreement.
The parties to this Agreement are:
i. The platform (represented by the mobile application and the website)
ii. Platform users, divided into: a) The client/service requester or recipient (usually the patient) b) The client/health service provider or doctor
3. Voluntary Participation. By accessing the "platform" and expressing your intent to join and register, you agree to comply with this Agreement. If you have any objections or reservations, or if you disagree with any part of this Agreement, you are not obligated to use the "platform." In such cases, you should refrain from using it. However, we welcome you to share your objections and suggestions with us through the contact details provided at the end of this Agreement, and we will consider them seriously.
4. Duration of the Agreement. This Agreement takes effect as soon as you express your intent to join and register on the designated window of the "platform," and the administration approves your registration request. It remains in effect until you request to leave the "platform" and delete your account, or until the administration decides to exclude you from the "platform" and delete your account for any of the reasons mentioned later in this Agreement.
5. Platform Introduction.
"KindaHealth" is a platform owned by Reach Out Physician, a company registered with the Ministry of Industry, Commerce, and Tourism in the Kingdom of Bahrain, headquartered in Manama. Our innovative company launched the "KindaHealth" electronic platform, a registered name and trademark with the relevant government authorities. The platform includes a website and a mobile application available on the Apple Store and Play Store. It specializes in the health field, providing remote health services to clients. Acting as an intermediary between health service providers and clients, the platform does not offer medical advice or diagnoses itself. Instead, it provides AI-supported digital tools that enable patients to receive support and medical consultations for non-emergency cases remotely, through video and text messages, and to book and manage appointments online with doctors.
The purpose of this innovative platform is to enable all members of society to communicate directly from their homes, offices, or places of comfort and vacations with healthcare providers outside the Kingdom of Bahrain, avoiding the hassle and burden of travel. It offers a wider range of selectivity and choice, providing a diverse pool of healthcare providers and doctors with different cultures, skills, experiences, and educational and practical backgrounds, varying according to each doctor's and healthcare provider's educational and academic system and comparative medical practices.
On the other hand, the platform offers doctors and healthcare providers a broader window to the local and international market, an opportunity to increase their patient base from different nationalities and multiple countries, and creates a state of knowledge enrichment resulting from the exchange of experiences and medical and scientific information on the cases presented on the platform.
6. Regulations for Healthcare Services and Medical Services via the Platform.
i. Remote Health Consultations: The "platform" connects you with healthcare providers for remote health consultations. These providers are independent doctors and professionals specialized in the health field, and they are solely responsible for delivering remote health services.
ii. Doctor Patient Relationship: Using the application does not establish a direct contractual relationship between you and the doctor or healthcare providers.
iii. Licensing and Responsibility: Every healthcare provider accessible through the "platform" is qualified and licensed to practice medicine in their respective country or region. The "platform" has taken due care to ensure their eligibility and suitability as much as possible. The healthcare provider alone is responsible for any incorrect information they provide and is subject to legal accountability and prosecution. If the service recipient suspects any incompetence or ineligibility of the doctor or healthcare provider during their interaction, they must immediately inform the platform for verification. Failure to do so means the service recipient bears the consequences alone.
iv. Service Provider Competence: The competence and quality of the service provider's work are relative, and this assessment is the responsibility of the service recipient. The service recipient has the freedom to choose and switch between service providers to get the best quality according to their judgment. Therefore, we cannot guarantee or ensure the competence or quality of the service provided by healthcare providers or doctors. The service recipient understands and acknowledges that the "platform" is not responsible for any poor quality of service or negligence by healthcare providers. The responsibility for evaluating this lies solely with the service requester, and thus the "platform" has no obligation to compensate or any right for the service requester to hold us accountable.
7. Conditions for Joining the Application
i. Eligibility: You must be at least 18 years old to use the "platform." By using the "platform," you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
ii. Account Registration: To use certain features of the "platform," you may be required to create an account.
iii. Identity Verification: You must verify your identity by agreeing to provide accurate and complete information during the registration process and continuously updating your account information as requested. You are solely responsible for the use of your account by you and for any unauthorized access by others, for maintaining the confidentiality of your account credentials, and for all activities that occur from your device on your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
iv. Avoiding Prohibited Activities: Joining our platform entails a commitment not to engage in any of the following prohibited activities as a condition for accepting your registration and continuing with us: a. Violating any applicable laws or regulations, or third-party rights; b. Using the "platform" in a way that could interfere with, disrupt, or negatively affect the "platform" or the servers or networks connected to it; c. Attempting unauthorized access to any part or feature of the "platform" or any other systems or networks connected to it; d. Using any automated means, including robots, crawlers, or data extraction tools, to access or collect information from the "platform"; e. Impersonating any person or entity or providing false data or misrepresenting your affiliation with any person or entity; f. Transmitting or uploading any viruses, malware, or other harmful codes; g. Engaging in any conduct that restricts or prevents any other user from using the "platform" or enjoying its services; h. Assisting or encouraging any third party to engage in any of the prohibited activities under this Agreement.
8. Service Utilization Regulations and Booking Procedures.
To ensure the proper performance and receipt of services while maintaining the highest quality standards, booking operations, management, and cancellations will be strictly monitored. User responses, evaluations, and comments within the application and website will be overseen, and the platform reserves the right to delete any comment or evaluation that does not comply with applicable laws, regulations, public morals, or the terms of this document. Criteria will be used to evaluate users and their adherence to their bookings, and these will be published on each user's profile to achieve the highest degree of transparency for everyone, helping all service beneficiaries in making their choices and evaluations. The platform also reserves the right to suspend the accounts of users who are abusive, exceed the bounds of decency in their comments, or who are non-compliant or violate the terms of the document and booking regulations and times, either wholly or partially, temporarily or permanently, depending on the type of violation, its recurrence, and the resulting damages.
9. External Sources. Advertisements, publications, and marketing services that may be presented or published through the platform's windows from time to time are part of its funding sources. All users, by virtue of their review of this Agreement, are aware of the platform's permission for them. The platform is not responsible for the content of these service or promotional materials. If the user chooses to follow up with any product or service from any of these external sources, this is their personal decision subject to their evaluation and will.
10. The KindaHealth Platform Undertakes the Following:
i. Not to violate the privacy of any user or infringe on the security systems of any computer or network, including but not limited to (violating copyrights, patents, trademarks, trade secrets, or other proprietary or intellectual property rights of others directly or indirectly).
ii. Not to violate any system, legal provision, government decision, regulation, or public policy in force in the Kingdom of Bahrain or any other country where the platform operates or may operate.
iii. Not to contain any files sent by the application with viruses, or any other computer programs or elements intended to damage any system, data, or computer network or interfere with them, and generally not to participate in any illegal technical activities that conflict with the integrity of this application and the legal rules governing its operation.
iv. Not to give the username or password or make either available in any way to any other person, and to take all necessary steps to ensure the preservation and confidentiality of the username and password, and not to disclose them to any third party. Each user must be legally bound and responsible for the actions and operations taken under their username and password, as stated in the fifth clause of the privacy policy.
11. Payment Methods. Each user (service recipient) has the right to use any of the payment methods provided by the platform.
12. Refund Policy
Initially, the platform confirms that it disclaims any responsibility for any fees or money that may be paid or requested during the service requester's meeting with medical service providers without its knowledge. In such cases, the client must immediately inform the platform of the incident on the same day, and any delay in reporting will forfeit their right to follow up on the complaint and verify it.
Regarding the client's right to a refund of the announced and specified fees by the platform, this is subject to the following rules:
First / Regarding the medical consultation via remote video call:
i. In case of cancellation: The full amount paid will be refunded to the client only if the appointment is canceled at least four (4) hours before the scheduled time. To cancel your appointment, please notify us through the "platform" or contact our customer support.
ii. In case of missed appointments: The amounts paid for missed appointments due to the patient's absence are non-refundable and will not be rescheduled. The client, as the service recipient, is solely responsible for ensuring their commitment to their appointment, respecting it, and being present and ready for the scheduled video consultation.
iii. In case of cancellation by the platform or the doctor's absence: In this case, the client has the right to choose between a full refund of the amount paid or booking another consultation with a doctor and/or another service provider of the same fee value without any increase (if available).
Second / Medical consultation via text messages:
The amount paid (or part of it) will not be refunded if the patient does not use the entire package within the specified period. The patient is responsible for using the text message consultation package within the specified timeframe.
Third / Refunds for other services and features:
Please note that this refund policy is specific to video and text message medical consultations only and may not apply to other services or features provided through the "platform." Each case will be studied individually, with an emphasis on adhering to the refund policies and regulations in the country of operation.
13. Intellectual Property Rights
i. Dear user/client, your use of the platform (both the application and the website) and your benefit from the services provided on it, and your access to the information contained therein, does not in any way mean your entitlement to the trade name, trademark, commercial designs, or intellectual property rights associated with it, and any attempt by you to imitate or transfer the creative ideas related to the platform and the services provided on it is considered an infringement on it and its owners, and a violation of intellectual property rights that exposes you to liability. By accessing and registering on this platform, you acknowledge that the platform and its owners are the first in the rights of the author/intellectual property that belongs to it and its services. The user undertakes not to use, publish, or deal with any of the mentioned items in any other way without prior written consent from the platform's management.
ii. Under no circumstances may the user perform reverse engineering, alter, disassemble, translate, reproduce, imitate, copy, or store any content or data from the platform on software systems belonging to the user, or translate the content into any other programming language or retransmit it in any form or by any means (such as electronic reproduction, photography, recording, or otherwise) of any materials, information, or content displayed, downloaded, or managed from the platform (from its website or application) without prior written consent from its owners.
14. Platform Liability Limits
The platform disclaims any responsibility towards everyone regarding any loss or damage of any kind arising between users, whether due to the service provider's failure to perform their service, its cancellation, delay, poor quality, or poor performance, or otherwise, as well as any verbal or physical actions contrary to the regulations, laws, Islamic Sharia, public order, and public morals in the country of any of the parties, or any other country where the platform operates. This applies to both service providers and service recipients, whether inside or outside the times and places of service performance. The platform confirms that its liability limits are limited to ensuring that its application windows and website operate correctly, allowing service requesters to find service providers registered on the platform according to the required search options. The service requester alone bears full responsibility for their choices, following their doctor's instructions and the health service provider, and the results on their health.
15. Privacy
The privacy policy is the legal document that defines our platform's mechanisms for collecting user data, managing, storing, handling, and disclosing it, and the confidentiality standards followed in dealing with it. Since your privacy is important to us, we have developed a model privacy policy that considers the needs of our platform users and provides them with comfort and security for their data and information exchanged through our platform. We advise our platform users to review our privacy policy available on the platform (both the application and the website), which explains how we collect, use, and disclose your personal information when you use it.
16. Right to Terminate Service and/or Disable
In case of the user's violation of this agreement or engaging in one or more prohibited practices by law and/or customs and traditions and/or public morals or non-compliance with any of their obligations, the platform has the right, at its discretion and without the need for any other legal action, and without prejudice to any of its other legal rights, to do the following:
i. Ban the user or stop the application for them, or prevent them from accessing this application or suspend their use of any service without prior notice;
ii. Warn the user to restore the situation to its original state, or repair the damages or disruptions caused by their error and violation, at the user's own expense;
iii. Impose fees on the user for any compensation or financial costs incurred by the platform due to the user's error and violations;
iv. Confiscate any unused balances as a form of offsetting the financial penalties for the user's violations and/or the compensation due to it;
v. Restore the service and reactivate the account: If the client or service recipient believes that their account has been disabled by mistake, they can contact our customer support to request a review. However, the platform reserves the sole right to determine whether the account will be reactivated based on the circumstances and information provided.
17. Account Deletion
i. User's Right to Delete Account: All clients, including patients, service providers, and doctors, have the right to delete their account from the "platform" at any time. To initiate the account deletion process, patients can contact our customer support or use the account deletion feature available within the "platform."
ii. Data Retention: Upon deleting the user's account, the user acknowledges and agrees that while their account will be deactivated, certain data associated with their account may be retained by the platform for a reasonable period as required by applicable laws and regulations or for legitimate business purposes. This retained data may include, but is not limited to, transaction records, appointment history, medical records, and communication logs.
iii. Data Protection: The platform is committed to protecting the privacy and security of user data even after account deletion. The retained data will be subject to the platform's privacy policy and applicable data protection laws. For more information on how the platform handles and protects user data, please refer to our privacy policy.
18. Integration of the Agreement
This Agreement is indivisible, and any failure or delay by the platform in exercising any of its rights, activating any of its terms and conditions, or enforcing them does not in any way constitute a waiver of that right, term, or condition, nor does it invalidate it. The invalidity of any term or condition is limited to that specific term or condition and does not extend to the rest of the document's terms and conditions.
19. Assignment of Rights
The user may not assign any of their rights or delegate any of their obligations under this document to others without prior consent from the platform.
20. Jurisdiction and Applicable Law
The terms of this document and the privacy terms contained herein are subject to the laws of the country of the platform's owning company (Kingdom of Bahrain), and its courts have exclusive jurisdiction over any disputes arising from it.
21. Contact and Communication Methods
If you have any questions, concerns, or requests regarding this Agreement, please contact us at info@kindaHealth.com.
22. Finally, by using our platform (Kinda Health application and website), you acknowledge that you have read, understood, and agree to comply with this Agreement.
