Terms of Service

1. Acceptance of Terms

By accessing or using COCA Health Kiosks, our website, mobile applications, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

1.1 Age Requirements

• Users must be at least 18 years old to use our Services independently
• Users between 13-17 years old require parental or guardian consent
• Children under 13 must be accompanied by a parent or guardian

1.2 Capacity to Contract

By agreeing to these Terms, you represent that you have the legal capacity to enter into a binding agreement and that you are not prohibited from using the Services under applicable law.

2. Description of Services

Clinics On Cloud Africa provides innovative healthcare technology solutions, including but not limited to:

2.1 COCA Health Kiosks

• Automated health screening and vital signs monitoring
• Measurement of 60+ health parameters
• Digital health record creation and management
• Instant health reports via WhatsApp, email, and printout
• QR-based health card generation

2.2 Telemedicine Services

• Video consultations with licensed healthcare providers
• Remote prescription services
• Doctor mobile application access
• Follow-up care coordination

2.3 Portable Health Solutions

• Portable Health Box for remote screening
• Health Lounge facilities
• Mobile health monitoring services

2.4 Digital Health Platform

• Cloud-based health records storage
• AI-powered health insights and meal planning
• Analytics dashboard for health tracking
• Health trend monitoring and alerts

3. User Responsibilities

3.1 Accurate Information

You agree to:

• Provide accurate, current, and complete information when using our Services
• Update your information promptly if it changes
• Inform healthcare providers of any relevant medical history
• Report any errors or inaccuracies in your health records

3.2 Proper Use of Equipment

When using COCA Health Kiosks, you must:

• Follow all on-screen instructions carefully
• Not tamper with, damage, or misuse the equipment
• Report any malfunctions or issues immediately
• Not attempt to repair or modify the kiosk
• Maintain cleanliness and hygiene when using shared equipment

3.3 Account Security

• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• Use strong, unique passwords
• Log out after each session, especially on shared devices

3.4 Prohibited Uses

You may not:

• Use the Services for any illegal or unauthorized purpose
• Impersonate another person or entity
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems or data
• Use automated systems to access the Services
• Reverse engineer or copy any features or technology
• Use the Services to transmit viruses or malicious code
• Violate any applicable laws or regulations

4. Medical Disclaimer and Limitations

4.1 Not a Substitute for Medical Care

• COCA Health Kiosks are screening and monitoring tools only
• Results should be interpreted by qualified healthcare professionals
• Do not disregard professional medical advice based on kiosk results
• Seek immediate medical attention for emergencies

4.2 Accuracy Limitations

While our devices are medical-grade and certified, we cannot guarantee:

• 100% accuracy of all measurements under all conditions
• That all health conditions will be detected
• That AI-generated recommendations are suitable for your specific situation

4.3 Emergency Situations

In case of a medical emergency, call emergency services immediately (911 or your local emergency number). Do not rely on our Services for emergency medical care.

5. Telemedicine Specific Terms

5.1 Doctor-Patient Relationship

• Telemedicine consultations establish a doctor-patient relationship
• Healthcare providers are licensed professionals in their jurisdictions
• Consultations are subject to professional medical standards
• Patient confidentiality is maintained in accordance with HIPAA

5.2 Prescription Services

• Prescriptions are issued at the healthcare provider's discretion
• Not all conditions can be treated via telemedicine
• Controlled substances may not be prescribed through telemedicine
• You are responsible for filling prescriptions and following treatment plans

5.3 Technical Requirements

Successful telemedicine consultations require:

• Stable internet connection
• Compatible device with camera and microphone
• Quiet, private location for consultation
• Adequate lighting for video quality

6. Payment Terms

6.1 Service Fees

• Fees for Services are as displayed at the time of use
• Prices may vary by location and service type
• Payment is due at the time of service unless otherwise arranged
• We reserve the right to change pricing with notice

6.2 Accepted Payment Methods

• Credit and debit cards
• Mobile money services
• Insurance (where applicable and pre-authorized)
• Corporate accounts for employee wellness programs

6.3 Refunds and Cancellations

• Health screening fees are generally non-refundable once services are rendered
• Telemedicine appointments may be cancelled up to 24 hours in advance for full refund
• Missed appointments without notice are non-refundable
• Equipment malfunctions will result in full refund or service credit

6.4 Insurance Claims

• We may assist with insurance claims documentation
• You are responsible for understanding your insurance coverage
• Payment is your responsibility if insurance denies coverage
• Insurance reimbursement timing is outside our control

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• Software, algorithms, and AI models
• Text, graphics, logos, and images
• Design, layout, and user interface
• Trademarks, service marks, and trade names

are owned by Clinics On Cloud Africa and protected by international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Services for personal healthcare purposes
• Download and print your own health records
• Use our mobile applications on your personal devices

This license does not permit you to:

• Reproduce, distribute, or publicly display our content
• Modify or create derivative works
• Use our trademarks without written permission
• Extract or re-use any data or content systematically

7.3 Your Content

You retain ownership of any content you provide (health information, photos, etc.), but you grant us a license to:

• Store and process your information to provide Services
• Use anonymized, aggregated data for research and improvement
• Share your information as authorized in our Privacy Policy

8. Data Protection and Privacy

Our collection, use, and protection of your personal and health information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• HIPAA compliance for health data protection
• Encryption of data in transit and at rest
• Secure cloud storage with access controls
• Your rights to access, correct, and delete your information
• Limited sharing only as necessary for healthcare services

9. Limitation of Liability

9.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of results
• Warranties that defects will be corrected

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINICS ON CLOUD AFRICA SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Medical complications or adverse health outcomes

Our total liability shall not exceed the amount you paid for the Services in the 12 months preceding the claim.

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Clinics On Cloud Africa, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any inaccurate or incomplete information you provide

11. Third-Party Services

11.1 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for:

• The content or practices of third-party sites
• The privacy policies of third-party services
• Any damages resulting from use of third-party services

11.2 Healthcare Provider Independence

Healthcare providers using our telemedicine platform are independent professionals. We:

• Provide the technology platform only
• Do not employ or control the healthcare providers
• Are not responsible for medical decisions or treatment outcomes
• Verify credentials but do not supervise clinical practice

12. Termination

12.1 Termination by You

You may stop using our Services at any time. To close your account, contact us at support@clinicsoncloudafrica.com.

12.2 Termination by Us

We may suspend or terminate your access to the Services:

• If you violate these Terms
• If you engage in fraudulent or illegal activity
• If required by law or regulatory authorities
• If we discontinue the Services (with notice)
• If your account remains inactive for extended periods

12.3 Effects of Termination

• Your right to use the Services will immediately cease
• We will retain your health records as required by law
• You may request a copy of your health records before termination
• Fees owed before termination remain payable
• Provisions that by their nature should survive will survive termination

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will:

• Post updated Terms on our website with a new "Last Updated" date
• Notify you of material changes via email or prominent website notice
• Provide at least 30 days' notice for material changes

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of South Africa, without regard to conflict of law principles.

14.2 Dispute Resolution

In the event of any dispute:

1. Informal Resolution: Contact us first to attempt resolution informally
2. Mediation: If informal resolution fails, we agree to mediation before litigation
3. Arbitration: Unresolved disputes may be submitted to binding arbitration
4. Court Jurisdiction: If arbitration is not chosen, disputes will be resolved in the courts of Johannesburg, South Africa

14.3 Class Action Waiver

You agree that disputes must be brought individually and not as part of a class action or consolidated proceeding.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clinics On Cloud Africa regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, or government actions.

15.6 Language

These Terms are provided in English. In the event of any conflict between an English version and a translation, the English version will prevail.

16. Contact Information