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TERMS AND CONDITIONS FOR THE AFYAMOJA HEALTH NAVIGATOR

The following terms and conditions apply to the 'AfyaMoja' Health Navigator (hereafter referred to as the "Platform" or "the Service") and by opting into the Service you will be deemed to have read, understood and accepted these terms and conditions.

Definition of Terms

AfyaMoja User: Any individual of consenting age, with a duly registered SIM card, who activates the AfyaMoja service on their mobile service, and retains a valid and active AfyaMoja subscription;
Dependant: Any persons under legal consenting age, or persons of consenting age in possession of a legal registration document (ID, Passport) but with significant motor, cognitive or literacy challenges thus requiring significant assistance/support, all of whom must be legally recognizable as dependants of the AfyaMoja subscriber e.g. biological child, adopted child, parent, sibling, or recognized guardian of such person.
Digital Identity: A unique set of identifiable data sets, which in combination can reliably be used to uniquely identify an individual in the digital space.
HTTP: Hyper Text Transfer Protocol: An internet based protocol for the transfer of text based information.
MNO: Mobile Network Operator: An entity duly licensed to provide mobile telephony services and adjacent mobile based services.
MSISDN: Mobile Subscriber Integration Services Digital Number, which is your telephone number;
MSP: Medical Service Provider: A duly registered or recognized individual or institution, legally providing health or medical services within the jurisdiction of their licence.
Patient: Any persons receiving a health related service from a duly registered Medical Service Provider (MSP)
USSD: Unstructured Supplementary Service Data : an interactive text based service available through mobile phones

Description of the service

2.1 This service will enable User-owned health records on the platform to be linked, upon the User's consent, to authenticated and verified medical service providers' ('MSP') systems and enables capturing and sharing of medical records between 'the User' and the 'MSP' . This also informs the User of previously recorded 'User-MSP' interactions (history). The 'User' profile will be linked to a subscriber's mobile number (MSISDN), enabling the patient to use their mobile phone to access their own medical history, as well as share parts of, or the whole medical history with verified 'MSP' in order to inform and improve their medical management;
2.2 For the 'MSP', the digital health passport enables them to access a User's previous medical history or part of it as authorized by the User.
2.3 For other third parties other than 'MSP' e.g. health insurance providers, access to an 'AfyaMoja' User's profile shall require consent from the User.

Start Date

AfyaMoja will be available from 1 September 2020.

Eligibility

The Service is available to individuals of consenting age, with a duly registered and active mobile number.

How to activate/enroll for the Service

Self Enrollment

  1. Dial *552#
  2. Follow the steps presented after dialling the short code
  3. Enter the first and last name
  4. Enter your Kenyan National ID number
  5. Enter date of birth
  6. Select the Gender
  7. Read the term and conditions link sent via SMS and return by dialling the USSD to agree to sign up to the service.

Download the Mobile Application

Download the app from Google Play Store or Apple App Store. Create an account by entering your personal details or consenting for your data to be pulled from the Government of Kenya's Ministry of Health

Visit the Website

Visit the website using the URL https://afyamoja.org/ Create an account by entering your personal details or consenting for your data to be pulled from the Government of Kenya's Ministry of Health

b. You will receive an SMS reply confirming successful activation with instructions on how to proceed.

c. A medical practitioner can also add you to the service. You will need to present them with the one-time password (OTP) to proceed.

Using the Service

6.1 The service will comprise of a USSD, web-based interface and mobile application that will enable the patient to interact with their up-to-date medical health records, including viewing their profile information and health records, adding or editing profile information and medical information where self-observation is provided for, and deleting linkage with the data.
6.2 Users, upon visiting an MSP and providing their MSISDN, will receive a request from the health provider for access to their medical history, in the form of a one-time-password (OTP). It is the patient's responsibility to provide this OTP to the health provider as consent for the MSP to access the patient's medical history, without which, the MSP will be denied access to the patient's medical history on AfyaMoja platform.
6.3 The patient may also grant access directly by selecting the option in the USSD menu, and entering the MSP's unique code, thus voluntarily providing access to their medical history to the specific MSP.
6.4 AfyaMoja platform will provide the ability to add and manage a dependent's medical history. The accuracy of dependant information, ongoing use of the dependent's profile including any authorizations for access and control to the dependant's profile, as well as the legality of the 'dependency', is the sole responsibility of the principal AfyaMoja User, who bears all the liability for the creation and use of dependant information.
6.5 All health records will be obtained from the User, who remains in control of their information at all times.

How to opt out of the Service

  • Dial *552# navigate to profile, and select "Forget me"
  • Navigate to your profile on either web or mobile and select Opt Out.

Any of these actions will result in medical records being dis-associated with any identifiable information belonging to the User, and effectively rendering the data un-identifiable or anonymized. Once the action is confirmed, the action cannot be undone as the data can no longer be identified as belonging to the User (patient). This is designed to be an irreversible action, and the User will be required to confirm at least twice prior to the action being taken.

Charges

Kshs 1 per interaction.

Changes

9.1 We reserve the right to immediately change the terms, conditions, notices and charges under which we offer the Service, or any product or service offered thereunder, as a direct result of new or amended legislation, statutory instrument, Government regulations, policy or licence. In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, and where circumstances permit, we shall notify you of such changes by SMS or e-mail or through the media (including newspaper publications, television and radio) or on our website at www.savannahinformatics.com.
9.2 These terms and conditions and any changes to them may also be accessed at www.savannahinformatics.com and your continued use of our Services shall be deemed to be your acceptance of an agreement to all such terms, conditions, notices and charges and any changes thereto

Exclusion of Liability

10.1 To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied;
10.2 Access and use of the platform is voluntary, and controlled by the User. The completeness of the information held on the AfyaMoja platform depends on the frequency, consented use of the platform by the User, and the completeness of information uploaded/shared onto the platform by the respective health provider.
10.3 Savannah Informatics Limited does not provide any express warranty or guarantee of the correctness of any information on the platform, as the information is generated and provided by third parties, and AfyaMoja provides a digital means of holding or storing information.
10.4 In the case of incorrect or inaccurate information, Users must refer to the entity responsible for providing or entering the data on the platform.
10.5 The secrecy and security of the respective verifiers (PIN, password, mobile phone text messages) are the responsibility of the patient/Users, and Afyamoja and Savannah Informatics Limited bear no liability for inappropriate use of the verifiers.
10.6 Although AfyaMoja and Savannah Informatics Limited will have taken all reasonable precautions to ensure that the information provided to you on the Platform is accurate and that you suffer no loss or damage as a result of the use of the Service, by using the Service you agree that your use is entirely at your own risk and volition and that you assume full responsibility for any risk of loss or damage arising from the use of the Service with the exclusion of any willful and gross negligence by AfyaMoja and its consortium partners and their respective officers, employees, subcontractors or agents. You are responsible for the correctness of the data in your AfyaMoja account.
10.7 By using the Service, you hereby acknowledge that you have registered for the AfyaMoja service voluntarily and without any coercion and have no legal rights against AfyaMoja and Savannah Informatics Limited, for the use of the Service.
10.8 You agree that AfyaMoja and Savannah Informatics Limited and their officers, employees, agents and partners will not be liable for any loss or damage including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise arising from:
  • Any force majeure events or other circumstances outside the control or knowledge of AfyaMoja and Savannah Informatics Limited or including industrial disputes, terrorist or enemy action, or
  • Any damage to or loss of information on your mobile phone in the event that unwanted programs or material, malwares, trojans, worms or viruses are transmitted to your mobile phone by the use of the Service. It is expected that by using the Service you will take all reasonable precautions while sending and receiving data via AfyaMoja.
  • Any losses incurred due to any inaccurate content, loss or unavailability of data or lack of access to the Service that is beyond the control of AfyaMoja and Savannah Informatics Limited.
  • Any content on a third-party or online partner site or service.
10.9 AfyaMoja and Savannah Informatics Limited make no representations whatsoever concerning any products or services NOT directly provided by Savannah Informatics Limited, in direct relation to AfyaMoja. This includes products and services provided by Savannah Informatics Limited and the contracted healthcare providers. AfyaMoja and Savannah Informatics Limited expressly disclaim any liability arising from any loss occurring as a result of reliance on these products or services
10.10 AfyaMoja and Savannah Informatics Limited disclaim liability from the fraudulent actions of any third parties including but not limited to any mobile money platform operators or related parties.
10.11 AfyaMoja and Savannah Informatics Limited disclaim liability arising from any mistreatment, malpractices or wrongful actions of any of the contracted healthcare providers in the line of providing health services.

User Rights:

The Right to Be forgotten

The User, who consents to activating and utilizing the AfyaMoja service has a right to be forgotten in compliance with prevailing privacy laws.

With regard to AfyaMoja, 'Forget' implies complete and irreversible anonymization of patient data accumulated on the platform, essentially rendering the User with no association or identifiable linkage with any data on the AfyaMoja platform.

With regard to AfyaMoja, 'anonymization' refers to manipulation of identifiable data such as date of birth, name, mobile number, hospital information to pre-defined default values not associated in any combination with known identities

Dispute Resolution and Jurisdiction

12.1 You may contact the AfyaMoja customer support centre on telephone number +254 790 360360 to report any dispute or claim relating to AfyaMoja while your account is valid and active.
12.2 All disputes arising from the AfyaMoja or these Terms of Service will be addressed by way of amicable discussions between the parties.
12.3 If an amicable resolution of the dispute or claim fails for a period longer that 14 days from the date the dispute or claim first arose, the dispute may be resolved by an arbitrator agreed on by both parties and in default of such agreement by an arbitrator appointed by the Chairman of the Kenya Chapter of the Chartered Institute of Arbitrators on the application of either party. Such arbitration shall be conducted in Nairobi in accordance with the Arbitration Act 1995 or any re-enactment thereof.
12.4 To the extent permissible by law the determination of the arbitrators shall be final conclusive and binding upon the parties hereto.
12.5 These Terms of Service and the use of the service shall be governed by the Laws of Kenya.

Other terms and conditions

  • To access this service, you must be over 18 years of age, holder of a national Identity Card used to register the SIM card to be used, and must opt in to the platform.
  • This is a service provided by Savannah Informatics Limited.
  • The standard terms and conditions for the Safaricom Prepay and Postpay services will apply to the Service unless expressly varied by these terms and conditions.
  • Subscribers' registration and subscription details will be visible to Savannah Informatics Limited but will only be used for reporting and analysis.
  • We are committed to respecting and protecting the privacy of the information we collect from you in compliance with the applicable laws and obligations on data use and privacy. Our privacy statement, as updated from time to time, explains how we treat your personal data and protect your privacy when you use our Service and can be found on Privacy Policy | SIL
  • Savannah Informatics Limited reserves the right to vary or amend any feature of the Service or to amend these terms and conditions at any time. Such changes shall be advertised on Savannah Informatics Limited's website www.savannahinformatics.com and may also be published in the local press. Such changes shall not affect any Service you have requested prior to the effective date of the changes.

Changes to the Terms of Service

AfyaMoja and Savannah Informatics Limited reserve the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be notified to you fourteen days in advance. Your continued use of the Services will be deemed acceptance thereof.

Privacy and Security:

While AfyaMoja and Savannah Informatics Limited will pursue and implement all possible security measures within its reach to ensure privacy of your information and the security thereof:

15.1 The User is responsible for the security of their personal device/s that bear or store any communication, data or information relating to or sent or received from AfyaMoja
15.2 The User is solely responsible for maintaining the secrecy of any key information such as passwords, PIN, OTP that enable or grant access to health information on the Users devices, and both expected and required not to share this information with anyone else outside of the valid use of AfyaMoja.
15.3 AfyaMoja platform is designed to require User consent for access and sharing of identifiable information.
15.4 AfyaMoja and its consortium partners will have access to identifiable data for use in monitoring the system performance the services hereunder and related hereto including administration of the account, support, customer communication, access to healthcare services.
15.5 AfyaMoja and its consortium of partners will have access to de-identifiable or anonymized data including system and medical data for use in service performance and analytics