Terms & Conditions

AFYACA IS A SERVICE PROVIDED BY CAPSELE LIMITED, A MEDICAL CONSULTANCY FIRM INCORPORATED IN THE UNITED REPUBLIC OF TANZANIA (No 78862). 

WE EXCLUSIVELY PROVIDE GENERAL MEDICAL INFORMATION. IN NO WAY CAN THE SERVICE BE USED FOR DIAGNOSIS, TREATMENT OR ANY INDIVIDUAL DECISION.

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This service is not intended for medical emergencies. If you have an emergency please contact your nearest health care provider. This service is currently only available for pediatric consultations. Capsele Ltd cannot be held liable for any malpractice including misunderstanding that originated from poor technical quality of the call. While all efforts are made to ensure advice is given according to best knowledge and in best intention, the ultimate responsibility for diagnosis and treatment remains with the health care provider who assesses and consults the patient physically.

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1. Acceptance of this service’s Terms and Conditions

By using this service you accept that you understand, consent to and agree to be legally bound by these Terms and Conditions. If you do not understand and agree to these terms and conditions you should not use this service.

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2. Terminology

The term ‘afyaca’ is the trading name of the service

The term ‘the afyaca website’ means the URL www.afyaca.com and associated pages.

The term ‘doctor’ means a doctor working at or associated with afyaca.

The term ‘law’ shall be construed as a reference to any law (including common or customary law), statute, judgment, regulation, directive, bye law, order, ordinance or any other legislative measure of any government, supranational, local government, statutory or regulatory body or court, in each case having the force of law.

The term ‘Terms and Conditions’ comprises of paragraphs 1 to 16 and includes the Privacy Policy and the Disclaimer.

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3. Responsibility of our doctors for their patients

With an answer our doctors take exactly the same personal responsibility for each patient as they would if they were seeing a patient face to face. The online nature of this service in no way diminishes the professional obligations that our doctors owe to a patient. Similarly, the existence of capsele LTD as the legal entity behind the afyaca service in no way seeks to diminish the professional obligations that our doctors owe to a patient.

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4. The importance of providing true, timely and complete information

You agree that all information that you provide to our doctors will be true and complete to the best of your knowledge and that you will not purposefully omit to provide information that could reasonably be judged to be potentially relevant to our doctors in providing the service. You should not register or complete questionnaires on behalf of anyone other than yourself or your child.

 

5. Scope of services provided and contract

Our doctors provide general medical information for specific medical conditions only. Our doctors do not offer medical advice or prescriptions for medical conditions not related to the specific services we provide. In no case can the afyaca office replace a face to face meeting with a doctor. Because afyaca is not a pharmacy we do not dispense or deliver any medicines.

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5.1 doc-2-go – What we do

We provide general medical information based on online questionnaires you complete, telephone and video conversations as well as email including photo attachments.

We do not offer any type of diagnosis, treatment of advice in medical emergencies.

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5.2 Our website is mainly intended for use by people resident in the United Republic of Tanzania (the “Serviced Countries”). 

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5.3 How you should use our services: by placing an order through our website, you confirm that:

you are legally capable of entering into binding contracts

you are at least 18 years old

you are residing in one of the Serviced Countries

you are accessing our website from that country

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5.4 You must use our website and services with care and in compliance with the below:

The provision of Services to you is conditional on you completing all consultation questionnaires contained on our website truthfully and honestly. You must reveal and disclose all relevant information truthfully to the best of your knowledge.

We cannot and are not liable for any damages which results from a failure of you to follow advice given on the website or from your failure to pass on information given on the website to your regular healthcare provider. You accept that the advice given on the website does not replace your regular healthcare provider. You must tell your regular healthcare provider about any information we supply.

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All the information contained on our website is in English. You are solely responsible for ensuring that you understand the questions in the questionnaires you complete on our website. You must speak to your regular health care provider if you do not understand a question or are unsure how you should answer certain questions or you do not fully understand the advice or information given to you on our website.

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5.5 No contract is formed between you and afyaca until you are informed in a separate email that especially states the formation of the contract. Before that time you can cancel your request at any time. afyaca is allowed to reject any request without giving a reason. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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6. Prescriptions written by our doctors

Our doctors do not offer any prescriptions.

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7. Informing your existing doctor about any information that is provided

You agree that if our doctors provide any information for you and you want to inform your existing doctor, it is at your disposition to do so. afyaca will not provide information to any third party unless instructed to do so by you in writing.

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8. Informed consent

You agree that by requesting information you formally give your informed consent for our doctors to provide information

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9. Your afyaca account

You agree that if provided you will not share your username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that a third party does not gain access to your account.

You agree that you will take all reasonable steps to ensure that any device that you use to set up or access your account is suitably protected from potential hazards by firewalls, anti-virus software and other such security applications.

You agree that you will not create more than one afyaca account per patient.

You agree that if when creating your account you provide an email address or contact telephone number, you consent for us to contact you by email and telephone if and when the need arises.

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10. Cancellations and refunds

If charged, afyaca offers a full refund on all request that were not answered.

 

11. Privacy Policy and patient confidential data

afyaca has a legal obligation to protect all patient confidential data. We are not allowed to share patient confidential data with third parties, including other doctors, who are unconnected to our service without your explicit consent. To provide this service to patients it is necessary that both our doctors and our non-medical staff working at have access to patient confidential data. It is also necessary that for the purpose of maintaining our IT systems to provide access to patient data to our IT contractors. If required by law, for the purpose of financial audit afyaca may be required to divulge very limited patient information to our financial auditors and wherever possible information used for the purpose of financial audit is stripped of personal identifiers. All access to patient information is kept to the minimum required to allow the safe and effective delivery of our services. You have a legal right to obtain any information that we hold about you.

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12. Vulnerabilities of electronic communications and post

The online nature of the afyaca service necessarily relies upon using electronic forms of communication, post, telephone and SMS. There are inherent vulnerabilities in using such forms of communication and we are therefore unable to give a guarantee that a third party unrelated to our service will not intercept communications.

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13. Disclaimer

To the fullest extent permitted by applicable law, under no circumstances will afyaca or our doctors be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being including, but not limited to, any embarrassment caused (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the afyaca service regardless of the form of action. Nothing in this clause is intended to exclude or limit afyaca doctor’s liability for death or personal injury caused by its negligence or fraud.

You agree that to the fullest extent permitted by applicable law, afyaca makes no representations or warranties with respect to any treatment, information, advice or action relied on or followed by any person using the afyaca service.

afyaca does not warrant that the afyaca websites or this service in general will be either available without interruption or error-free or that the website, server, hardware and software that support the afyaca service are free from viruses or something that may interfere with the normal operations of your systems. afyaca will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with afyaca.

To the fullest extent permitted by applicable law, afyaca disclaims any liability resulting from the provision of services by third party providers. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with afyaca.

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14. Exclusive jurisdiction of the courts

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. The above terms and conditions shall be governed by and construed in accordance with local law and you irrevocably submit to its exclusive jurisdiction.

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15. Change to Terms and Conditions

afyaca reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the website and the entire afyaca service after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.