Terms and conditions

AUteledoctor is licensed to You (End-User) by KAYD Systems Limited, located at Ghana (hereinafter: Licensor), for use only under the terms of this License Agreement. By using this application you agree you are of sound mind and of legal consent age in your country.

By downloading the Application from the Google PlayStore or AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

1. SCOPE OF WORK

Our services are provided through the Site (which may include Mobile Applications), which is a tele-health online solution that allows participating medical professionals and health care staff (“Healthcare Providers” or “Providers”) to communicate with their clients and patients (“Patients”) to provide health care services online and perform virtual house calls via a secure Internet connection (the “Services”).  We are not a medical service provider, health insurance company, or licensed to sell health insurance.

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any applicable Android and IOS compliant Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store/Play Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3  You may not share or make the Application available to third parties (unless to the Terms and Conditions allowed by KAYD Systems Limited’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with KAYD Systems Limited’s prior written consent).

2.5  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6  Licensor reserves the right to modify the terms and conditions of licensing without prior notice.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the Playstore or App Store Overview for this licensed Application.

4.2  The End-User acknowledges that KAYD Systems Limited has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements by acceptance of this Terms and conditions

6. LIABILITY

6.1  Licensor takes no accountability and responsibility in the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the service. under no circumstances shall any facility licensor or supplier, or any third party who promotes the service or provides you with a link to the service be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content. under no circumstances shall facility, its licensors or suppliers of non-medical services or any third party who promotes the service or provides you with a link to the service, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.

7. WARRANTY

7.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of KAYD Systems Limited’s sphere of influence that affect the executability of the Application.

7.3  You are required to inspect the Application immediately after installing it and notify KAYD Systems Limited about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated within a reasonable period after discovery.

7.4  If we confirm that the Application is defective, KAYD Systems Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

7.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

8. PRODUCT CLAIMS

End-User acknowledges that KAYD Systems Limited,  is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

9. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

KAYD Systems Limited through info@kaydsystems.com

11. TERMINATION

The license is valid until terminated by KAYD Systems Limited or by You. Your rights under this license will terminate automatically and without notice from KAYD Systems Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. ILLEGAL USE

By downloading this application, I agree not to use it for any illegal activities other than it’s intended use of providing virtual health care.

13. INTELLECTUAL PROPERTY RIGHTS

KAYD Systems Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, KAYD Systems Limited, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

14. APPLICABLE LAW

This license agreement is governed by the laws of Ghana excluding its conflicts of law rules.

15. MISCELLANEOUS

If you are a Patient, you accept responsibility for yourself in the use of the Services.  You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law.  By using the Service, you agree to not hold KAYD System Limited liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.

We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).

If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service.  For example, you are responsible for obtaining any and all certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.

Patient’s medical information subscription shall be renewed automatically and charges deducted from payment method on record for succeeding term unless the patient gives a  written notice prior to the expiration date.

I agree that KAYD Systems limited may periodically send me texts and emails concerning some of our other productions. Please be careful when looking at such texts and emails as applicable charges by your service provider may apply.