Terms of Service

Effective Date:
The following terms and conditions constitute an agreement between you and Medbit (“we,” or “us”), inclusive of both the website and the mobile application. These terms of use together with our Privacy Policy (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of Medbit, whether or not you have created an account.
By using or otherwise accessing the services and/or by creating an account with us, you agree to the terms of this agreement including the information practices disclosed in our privacy policy. You also agree to resolve any dispute that you may have with Medbit in Kenya. If you do not agree with this agreement, you cannot use the services. Please note that we offer Medbit “as is” and without warranties. If you create an account or use the services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this agreement on such individual’s or entity’s behalf.

1. About Medbit
Portions of Medbit can be viewed without a Medbit account. To access all parts of Medbit, you must create a Medbit account and provide certain basic information about yourself, which you authorize Medbit to use and disclose as described in our Privacy Policy.
Medbit does not create a healthcare professional/healthcare recipient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, or organization (collectively, “Healthcare Professional”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the website or mobile application, including, without limitation, content provided in direct response to your questions or postings.

While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through Medbit.

2. Non-Provision of Medical Advice
The information you receive from Medbit is only for informational, scheduling and payment purposes only. We do not recommend or endorse any healthcare professionals or other information that may appear through Medbit. If you rely on any content, you do so solely at your own risk. We encourage you to independently confirm any content relevant to you with other sources, including the healthcare professional’s office, medical associations relevant to the applicable specialty and the appropriate licensing or certification authorities to verify listed credentials and education.

3. No Doctor Patient Relationship
No licensed medical professional/patient relationship is created when you use Medbit. This is true whether such content is provided by or through the use of Medbit, for example, but without limitation, the “find a doctor” feature, Medbit social channels, Medbit emails or text message links to other sites, or any assistance we may provide to help you find an appropriate healthcare professional in any field.

Medbit encourages healthcare professionals to use Medbit in a responsible manner, but we have no control over, and cannot guarantee the availability of, any healthcare professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the website or mobile application whatsoever.

4. Authorization and Acknowledgement; Important Information about Healthcare Professional Relationships
Please understand that while using Medbit to locate and schedule appointments with a healthcare professional, you are responsible for selecting your own healthcare professional.
Medbit makes reasonable efforts to ensure that healthcare professionals are only a part of Medbit if they hold all appropriate licenses required by law to practice the specialties of the services offered by them. Medbit may exclude healthcare professionals who, in Medbit’s discretion, have engaged in inappropriate or unprofessional conduct.

Healthcare professionals listed on Medbit pay us a fee in order to be marketed through or to use Medbit. To help you find healthcare professionals who may be suitable for your needs, and enable the maximum choice and diversity of healthcare professionals participating in Medbit, we will provide you with lists and/or profiles of healthcare professionals. These results are based on information that you provide to us. They may also be based on other criteria (including, for example, healthcare professional availability, past selections by and/or ratings of healthcare professionals by you or by other Medbit users, and past experience of Medbit users with healthcare professionals. Note that Medbit (a) does not recommend or endorse any healthcare professionals, (b) does not make any representations or warranties with respect to these healthcare professionals or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from healthcare professionals for featuring them (i.e., higher or better placement on lists) through Medbit (subject to sponsored results as described below).

We may show you advertisements or sponsored results, including above the search results. Medbit receives additional fees from healthcare providers for providing sponsored results. Sponsored results shown through Medbit are not, and should not be considered, an endorsement or recommendation by Medbit of the healthcare provider.

5. Personal Information
Medbit values your privacy. To better protect your privacy we provide our Privacy Policy explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page.

6. Your Responsibilities

6.1. Your Account Credentials
When you create a Medbit account, you will provide an email address and create a password (hereby known as “credentials”). You should keep your credentials private and not share your credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to service@zocdoc.com.

6.2. Your Responsibilities Generally
Medbit is free, but you are still responsible for your healthcare expenses. Usual and other charges for any medical or related services rendered by healthcare providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Medbit is accurate and up-to-date. Ultimately, you must resolve any dispute between you or any healthcare provider arising from any transaction hereunder directly with the healthcare provider.

You are responsible for all use of the services on Medbit and for all use of your credentials, including use by others to whom you have given your credentials. You may only use Medbit for lawful and non-commercial purposes. You may not use Medbit in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of Medbit. You may not attempt to gain unauthorized access to any of Medbit’s user accounts or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any content or portion of the website/mobile application (including, without limitation, healthcare professional content, appointment availability and price information) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms.

6.3. Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a healthcare professional or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Medbit or whether you schedule or intend to schedule appointments through Medbit, you acknowledge and agree that:

i. You will not use Medbit to view access or otherwise use, directly or indirectly, price, availability, or other content for any purpose other than your own personal use as a patient or prospective patient and;

ii. You will not use Medbit, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

7. Changes to Medbit
We may from time to time add new features to Medbit, substitute a new feature for one of another existing one, or discontinue or suspend one of the existing features. Under no circumstances will Medbit be liable for any suspension or discontinuation of any of the features or portion thereof, and the use of new features will be governed by this Agreement.

8. Links to Other Websites
While using Medbit, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link only to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.

9. Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with healthcare professionals you find through Medbit, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). It is important that you act responsibly when providing posted information. Your Posted Information must comply with our Acceptable Use Policy.
Medbit reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use including without limitation, removing any offending communication from the site and terminating the account of such violators or blocking your use of Medbit.

By posting such information through Medbit, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Medbit an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such posted information. This license is non-exclusive, except you agree that Medbit shall have the exclusive right to practice this license to the extent of combining your posted information with the posted information of other Medbit users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

10. Termination
If you’re not using the Service appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the website or through the mobile application by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Medbit shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the website and/or the mobile application. Further, you agree not to attempt to use Medbit after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account). Sections 1, 2, 3, 4, 5, 7, 9, 10, 14, 15, and 16 shall survive any termination or expiration of these Terms of Use.

11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of Medbit, or (b) the violation of this Agreement (including without limitation the Terms of Use and the Privacy Policy), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

12. Miscellaneous

12.1. Electronic Signatures
Your affirmative act of using Medbit and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and your consent to enter into such agreements with us electronically.

12.2. Changes to Terms of Use
We may change these terms of use and the other documents that are part of the agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the site; we may also attempt to notify you in some other way. Your continued use of Medbit following such posting shall constitute your affirmative acknowledgement of the terms of use or other applicable agreement document, the modification, and agreement to abide and be bound by the terms of use or other applicable agreement document, as amended. We encourage you to periodically review these terms of use. If at any time you choose not to accept these terms of use or the agreement, including following any such modifications hereto, then you must stop using Medbit.

12.3. Limitation of Claims
No action arising under or in connection with this agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

12.4. Entire Agreement
These terms of use and any supplemental terms, policies, rules and guidelines posted on Medbit each of which are incorporated herein by reference, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Medbit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12.5. Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

12.6. Eligibility
You must be 18 years of age or over to create an account with us or use Medbit. Parents or legal guardians of a child under the age of 18 may use Medbit on behalf of such minor child. By using Medbit on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

13. Dispute Settlement
Any dispute arising from the violation of these Terms of Use should be resolved through arbitration. The seat of arbitration will be in Nairobi, Kenya and it will be governed by the laws of Kenya.