OUR TERMS OF SERVICE
The “COVID-19 Risk Assessment tool” is entirely based on current and applicable WHO and CDC guidelines, and it is aimed at enabling the use of the screening protocol in an easy and accessible way. The WHO and CDC guidelines are published on their respective websites and are reviewed by the Service Provider’s team of doctors on a daily basis.
The Interview and the Results available in the “COVID-19 Risk Assessment tool” are for informational and educational purposes only and may not under any circumstances be interpreted or treated as advice or a consultation or a diagnosis of a medical doctor.
- General Provisions
- These Terms of Service specify:
- rules on the provision of services by electronic means by the Service Provider concerning the COVID-19 Risk Assessment Tool,
- the rights and obligations of the Service Provider and the Service User.
- Whenever these Terms of Service refer to:
- Agreement, this means an agreement for provision of services by electronic means, concluded between the and the Service Provider referred to in sec. 2 (l) of the General Terms of Service
- CDC, this means the Centers for Disease Control and Prevention, a leading national public health institution of the United States which also acts as the United States federal agency under the Department of Health and Human Services,
- Assessment tool, this means the software enabling conduct of the COVID-19 risk assessment through a screening protocol made in accordance with applicable WHO and CDC guidelines
- COVID-19, this means Coronavirus Disease 2019, an infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
- Interview, this means a form of interactive screening protocol prepared in accordance with applicable WHO and CDC COVID-19 guidelines, available in the assessment tool, whereby information is obtained from the User about symptoms and predispositions, aimed at generating Results which may be connected with COVID-19 infection and action recommendation,
- Results, this means information in the form of a report generated by the assessment tool, aimed at presenting, on the basis of the information given by the User during the Interview, the potential threat of COVID-19 infection as well as presenting recommendations concerning further actions according to applicable COVID-19 WHO and CDC guidelines. Note that Results do not constitute or replace a medical diagnosis or medical advice and are of informational character only,
- Services, this means all activities provided electronically by the Service Provider referred
- Terms of Service, this means these Terms of Service related to COVID-19 Risk Assessment tool
- WHO, this means the World Health Organization, a specialized agency of the United Nations concerned with global public health.
- By using the Assessment Tool, the Users declare that they shall comply with the terms and conditions set forth in these Terms of Service.
Acknowledgments and liability of the Service Provider
- The purpose of the assessment tool is to present to the User, for informational and educational purposes only, the probability of COVID-19 infection according to the symptoms and other risk factors communicated by the User during the Interview, in order to present the Results.
- The Interview and the Results are for informational and educational purposes only and may not under any circumstances be interpreted or treated as advice or a consultation or diagnosis of a medical doctor. The Interview and the Results do not constitute a basis for self-diagnosis or individual treatment based on information obtained through the Assessment Tool. Any information obtained using the Assessment Tool is not deemed to be any form of health care services, and does not replace a medical appointment, medical diagnosis, or any form of consultation with a medical doctor.
- Note that the assessment tool is entirely based on current and applicable WHO and CDC guidelines only, and it is aimed at enabling use of the screening protocol in an easy and accessible way. In particular, the Assessment Tool is not based on the medical database and on the engine of the Service Provider used in other Service Provider’s products, as there is no COVID-19 clinical examination yet available and it is impossible to create an AI-based Assessment Tool to properly support COVID-19 diagnosis. The WHO and CDC guidelines for COVID-19 are published on their dedicated websites and are reviewed by the Service Provider’s team of doctors on a daily basis.
- The Service Provider stresses that any pharmaceuticals may only be used on the basis of medical or pharmaceutical consultations.
- The Service Provider is entitled to partially or fully disable the operation of the assessment tool e.g. in order to repair or upgrade it without notifying the User in advance. If the Assessment Tool is completely disabled, an appropriate message shall be published on the Service Provider’s website https://smarthealth.jabotech.co.ke
The Service Provider is not liable or responsible for:
- the User’s actions or omissions in relation to information obtained through the Assessment Tool,
- use of medicines and other pharmaceuticals, as set forth in section 2(d) above,
- non-performance or improper performance of obligations under the Agreement due to the User’s hardware or software being defective,
- authenticity, reliability, correctness and completeness of data and information provided through the Assessment Tool by the Users,
- damage caused by the actions of third parties for which the Service Provider is not responsible,
- interruptions in the functioning of the Assessment Tool for reasons beyond the Service Provider’s control, in particular Force Majeure,
- any damage arising from the use of the Assessment Tool by the Users in a manner contrary to the law or the Terms of Service,
- content placed on websites placed in other domains not owned by the Service Provider to which hyperlinks have been placed in the Assessment Tool.
- The Assessment Tool and information contained therein are not and under no circumstances may be construed as an offer in the meaning of the Kenya Civil Code. If any prices are included, they should be treated as an invitation to initiate negotiations.
- The User may use third-party websites and services through the Assessment Tool by using applications relating to such websites or services. The Service Provider is not a party to any agreements for the provision of services by electronic means concluded between the User and a third party, and is not responsible for such services.
- The Service Provider’s liability for the provision of the Service is regulated in the relevant provisions of law, and these Terms of Service should not be construed as grounds for granting an additional guarantee or extending the rights of the User over and above the statutory requirements.
- Any amendments to these Terms of Service may be enacted at any time and will take effect once the amended Terms of Service are published by the Service Provider. The User may terminate the Agreement if any amendments are made to these Terms of Service. Use of the Assessment Tool once amendments take effect constitutes acceptance of the amended Terms of Service.
- By using the Assessment Tool, the User accepts these Terms of Service and undertakes to comply with all rules in these Terms of Service.
- These Terms of Service take effect on April 4th, 2020.