These terms and conditions apply to the agreement between Fletna Kenya Ltd ("Fletna Africa") and the customer/patient who registers as an Account holder (the “Account Holder”) regarding Fletna Africa's provision of the account (the “Account”) and related services on the technical platform for Account Holders and skincare consultants (“Skincare Consultants”) that Fletna Africa provides via the websitewww.fletna.ke.
Through the website, individuals can book appointments with skincare consultants for advice through video meetings and written correspondence. The Account Holder can also submit a written description of the patient’s symptoms to the individual Account prior to the meeting. When the video meeting begins, the Account Holder can describe his/her condition and concerns to the skincare consultant, who will then perform a visual examination of the patient, diagnose where possible, and suggest further treatment.
Fletna Africa is only an intermediary service between the Account Holder and skincare consultants and should therefore not be regarded as a Healthcare Provider. The agreement between the Account Holder and Fletna Africa is therefore strictly a service agreement pertaining to the provision of a technical solution. Fletna Africa is therefore not responsible for the nature or quality of medical examinations or other medical services provided within the context of a video meeting.
The Account Holder enters into an agreement with Fletna Africa by creating an Account in accordance with current guidelines on the website. By registering an Account on the website, the Account Holder agrees to the terms and conditions of use outlined here.
The Account Holder is responsible for ensuring that all personal data provided when entering into agreement with Fletna Africa is relevant, correct, and updated throughout the term of agreement. Any potential changes to this information must be reported to Fletna Africa without delay, by firstname.lastname@example.org
These terms and conditions of use, as well as instructions, policies and additional information related to the service is available on the website.
Signing of agreement, registering an Account and signing into the website require that the patient is eighteen (18) years of age or older, has a government issued picture ID to identify him/herself or if they are under eighteen (18) years of age, a parent or guardian’s consent has been obtained in written form, as well as the parent or guardian being present during the consultation.
The Account Holder is responsible for all actions relating to the use of the Account. The Account may only be used by the user to which the Account is registered and may not be utilised by, or transferred to, another person. The only exception to this rule pertains to parents or legal guardians who may use their own Account on behalf of a child, provided that the child is below the age of eighteen (18). Fletna Africa does not take responsibility for any misuse of Accounts by external parties or any consequences or potential damages that may result from such misuse.
The Account Holder is responsible for ensuring that the Account is used in accordance with these terms and conditions of use, as well as with other conditions that are communicated on the website for the duration of the agreement. The Account Holder is exclusively responsible for the information that he/she submits in, or through, the website and consequently assumes all responsibility for its content.
By registering an Account on the website, the Account Holder confirms and accepts the technical specifications, conditions and limitations of the website that are outlined in Fletna Africa's service and product descriptions.
By opening an Account on the website, the Account Holder accepts and confirms that the contact details provided may be used by Fletna Africa to send offers and information related to the service via e-mail and push notifications. The Account Holder has the right to cancel this form of communication at any time following registration of the Account. Fletna Africa is responsible for granting such a request without delay.
Content that is published or provided by Fletna Africa on the website is to be regarded as a complement to the medical guidance provided by the healthcare practitioner and is not intended as a substitute for the doctor's assessment, diagnosis or treatment of any illness or disease. Use of the website is merely a substitute to traditional healthcare provision and is intended as a tool for skincare consultants to provide efficient services to patients. Fletna Africa does not assume responsibility as a Healthcare Provider in any regard.
Given the technologically-based format of the service, the website and the service is limited to the specific forms of illnesses, diseases and health concerns that are outlined on the website.
Prices and fees for a video meeting with a skincare consultant on the website, and other potential costs, are outlined in the list of current prices, which is available on the website prior to making a booking of a meeting with the skincare consultant.
Payment for a video meeting on the website is processed before the meeting starts. Account holders cannot start a video meeting with the skincare consultant before the payment has been approved.
With the limitations outlined in this article (4), Fletna Africa is responsible for ensuring that the website is:
4.a) available in accordance with article 4.3 - 4.6 below; and
5.b) stores and makes accessible the Account Holder's description of symptoms and other information submitted by the Account Holder or skincare consultant.
Fletna Africa takes no responsibility for loss of data.
Fletna Africa is not responsible for content that has been linked to or from the website.
Fletna Africa aims to ensure the continued high availability of its services. The Account Holder should be provided with a reasonable possibility to visit the website. The Account Holder can book an appointment in accordance with the available time slots in the booking system on the website. The Account Holder can either book an appointment at a specified date and time, or on a drop-in-basis. The App, including video meetings, is provided in accordance with the terms and conditions above, with the exception of allowed disruptions such as (but not limited to) planned maintenance of the website or service system.
Fletna Africa does not assume responsibility for disruptions of availability that result from:
a) errors/problems with the Account Holder’s hardware/equipment, network, software or errors in software that is part of a third-party product and that Fletna Africa, despite attempts to prevent and rectify, cannot avoid; b) other circumstances that the Account Holder is responsible for according to the agreement; c) virus on the devise used or other security threat that, despite Fletna Africa’s preventive efforts disrupt the service; d) circumstance that constitute force majeure in accordance with article 10 below. 4.6
Fletna Africa is only responsible for the operation of the webiste, which comprises the provision of video meetings between Account Holders and skincare consultants and related services, such as storing information provided by Account Holders and Fletna Africa. Fletna Africa is not responsible for healthcare, information or recommendations that are provided by the skincare consultant to the Account Holder in writing or in a video meeting.
Disruptions or errors in the App’s’s availability should be reported without delay to Fletna Africa’s customer service at email@example.com (available 8 a.m.- 8 p.m. with the exception of national holidays).
Errors will as a first resort be rectified through error recovery, if this can be done without unreasonable cost or inconvenience for Fletna Africa. Fletna Africa reserves the right to rectify the error at its own expense under the condition that this can be done without unreasonable cost or inconvenience to the Account Holder. If error recovery cannot be executed, the Account Holder has a right to obtain a discount and, with the limitations below, compensation for any potential proven, direct damage caused.
Fletna Africa is not responsible for errors that occur due to the Account Holder or any condition that the Account Holder is responsible for. Furthermore, Fletna Africa is not responsible for any personal damages or consequences that could result, directly or indirectly, from the use or misuse of the information provided, presented or directed to by the website. Fletna Africa is therefore not accountable for consequential damages, loss of profit or expected saving and/or other indirect damages.
Ownership, property rights and all rights related to Fletna Africa’s brand, firm, and the website, as well as all documents of agreements that are used by, and/or provided by Fletna Africa on the website, such as, but not limited to, these terms and conditions of use, belong to Fletna Africa exclusively. Fletna Africa hence reserves the exclusive right to use the above mentioned material. All replications, changes and/or other use of Fletna Africa’s material that has not been explicitly authorized in these Terms and Conditions or Fletna Africa’s instructions elsewhere are strictly prohibited. The Account Holder confirms and accepts that unauthorized use of Fletna Africa’s immaterial rights can, aside from violating the agreement of Terms and Conditions, constitute a criminal act. Fletna Africa reserves the right to pursue legal action in the occurrence of unauthorized use of Fletna Africa’s immaterial rights.
Possible immaterial rights that result from Fletna Africa’s provision of the website and/or other services to the Account Holder belong to Fletna Africa exclusively. Such exclusivity includes the right to change and transfer such rights.
The Account Holder consents to not having the right to cancel/change an order for a drop-in video-meeting appointment or a booked meeting. In these cases, the Account Holder does not have a right to a refund.
Fletna Africa takes all forms of unauthorized use of the Account and the App in violation of these general conditions and/or Fletna Africa’s policy regarding security, ethics, etc. seriously. It is, among other things, not allowed to record any consultations with skincare consultants or in any way distribute any such material relating thereto. Fletna Africa will proactively pursue action against confirmed or anticipated unauthorized use of the Account, the website etc.
Fletna Africa reserves the right to, with preceding warning or notification thereof to the Account Holder, remove information from the website, close the Account Holder’s Account or pursue other measures due to the Account Holder’s violation of the agreement without assuming responsibility for the consequences of such actions, to protect the accountability or reputation of the website. In the event of a suspension, Fletna Africa also reserves the right to cancel the agreement in accordance with article 8.2 below.
If the Account Holder has violated the agreement or used the website in an unlawful or unauthorized manner, the Account Holder is responsible for compensating Fletna Africa for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).
Fletna Africa cannot provide information about the Account Holder that the skincare consultant is responsible for in accordance with legal frameworks relating to protection of personal data, and that the skincare consultant opposes or cannot publish on the website.
The agreement is valid until further notice and from the time that the Account Holder registers an Account with Fletna Africa. The Account Holder always has the right to cancel the Account, effective immediately. In the event of cancellation, Fletna Africa must remove the cancelled Account and all stored information pertaining to the Account Holder in short order.
Fletna Africa has the right to cancel the agreement, effective immediately, if the Account Holder violates the agreement or if there is reasonable reason to suspect such violation, if the Account Holder does not rectify such a violation within thirty (30) days of having been notified of this in writing. In the event of such a cancellation, the Account Holder's Account will be terminated, whereby the agreement is automatically rendered nulled. Information about the Account Holder that has been stored will be removed promptly.
An Account Holder that has been suspended from the Account in accordance with this article does not have the right to re-register or register a new Account without special permission granted by Fletna Africa.
The Account Holder has the right to terminate the agreement, effective immediately, in the event changes to the terms and conditions or of the agreement result in a material disadvantage for the Account Holder.
Fletna Africa does not make any compensation for damages incurred by a strike, fire, government authority action, labour disputes, accidents, errors or delay by subsidiaries, closures or malfunctions of public communication systems or other circumstances and consequences that are beyond Fletna Africa’s control, that Fletna Africa cannot reasonably account for and that Fletna Africa could neither avoid nor control. In the event a circumstance that falls under this article remain following a period of one (1) month, both parties have the right to terminate the agreement, effective immediately.
The Account Holder must state the email address which the Account Holder wishes to receive confirmations, reminders and other notifications from Fletna Africa. In the event the contact details change at any point during the term of agreement, the Account Holder is responsible for notifying Fletna Africa about this without delay. Cancellation or other notifications should be communicated via email.
The notification is considered to be delivered:
1.a) if sent by email; when delivery to the recipient is confirmed
2.b) if sent by recommended mail, two days after submission to the post service; or
3.c) if sent by courier; upon delivery / acceptance by the recipient.
The Account Holder may not transfer the agreement and/or its obligations or rights hereunder to a third party.
Fletna Africa reserves the right to employ sub-suppliers to fulfil its rights and obligations under the agreement.
The agreement is subject to Kenyan law. Any legal disputes and proceedings will be subject to the authority of public courts