Terms and Conditions

Welcome to BwinoCare. These Terms and Conditions ("Terms") govern your access to and use of the BwinoCare platform, website, and related services (together, the "Platform"). Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Platform on behalf of an institution or organization, you represent that you are authorized to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not use the Platform.

2. Definitions

• "BwinoCare", "we", "us", "our": the operator of the Platform.
• "User", "you", "your": any person or entity using the Platform, including patients, doctors, institution administrators, and pharmacists.
• "Provider": a licensed doctor, health institution, or pharmacy offering services through the Platform.
• "Content": information, text, records, and materials made available through the Platform.

3. Our Services

BwinoCare provides a digital platform that connects patients with health institutions, doctors, and pharmacies, and supports appointment scheduling, telemedicine consultations, digital prescriptions, medical-records management, pharmacy workflows, and related administrative features.

4. Eligibility & Accounts

• You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. Minors may receive care only through an account managed by a parent, guardian, or authorized provider.
• You must provide accurate, current, and complete information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account, and you agree not to share your password with any third party.
• You must notify us immediately of any unauthorized use of your account or any other security breach.
• We use multi-factor authentication and other security measures; you agree to cooperate with security requirements reasonably imposed by the Platform.

5. Role-Specific Terms

5.1 Patients

You agree to provide accurate health information, to use the Platform for lawful personal healthcare purposes, and to understand that any information provided through the Platform does not replace an in-person examination where one is clinically required.

5.2 Doctors and Health Professionals

You represent and warrant that you hold, and will maintain, all valid licenses, registrations, and authorizations required to practice, including registration with the Health Professions Council of Zambia (HPCZ) or the relevant regulator in your jurisdiction. You are solely responsible for the clinical care, advice, diagnoses, and prescriptions you provide, and for complying with your professional and ethical obligations.

5.3 Institutions

Institution administrators are responsible for the accounts, providers, and data they manage on the Platform, for ensuring their staff are appropriately licensed, and for their subscription and billing obligations. Institutions act as data controllers for their patients' records, with BwinoCare acting as a processor where applicable.

5.4 Pharmacists and Pharmacies

You represent and warrant that you are licensed and authorized to dispense medicines, including any registration required by the Zambia Medicines Regulatory Authority (ZAMRA) or the relevant regulator. You are responsible for verifying prescriptions and for dispensing in accordance with law and professional standards.

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful, fraudulent, harmful, or deceptive purpose.
• Access, use, or attempt to access data or accounts you are not authorized to access.
• Upload malicious code, interfere with the Platform's operation, or attempt to bypass security or access controls.
• Impersonate any person or misrepresent your identity, credentials, or affiliation.
• Reverse engineer, scrape, or copy the Platform except as permitted by law.
• Use the Platform in a way that infringes the rights of others or violates any applicable law or professional standard.

7. Telemedicine

Telemedicine consultations offered through the Platform are subject to the professional judgment of the provider, who may determine that an in-person visit is necessary. Telemedicine has inherent limitations, including the possibility of technical failures and the inability to perform a physical examination. By using telemedicine features, patients consent to receiving care remotely where the provider considers it appropriate.

8. Prescriptions

Digital prescriptions may only be issued by licensed providers and dispensed by licensed pharmacies, in accordance with applicable law. BwinoCare transmits prescription information between authorized parties but is not responsible for clinical decisions to prescribe or dispense, which rest with the licensed professionals involved.

9. Medical Disclaimer & Emergencies

Content on the Platform is provided for informational, scheduling, and coordination purposes and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions regarding a medical condition.

10. Fees, Subscriptions & Billing

Access to certain features, particularly for institutions, is provided on a subscription basis. Subscription fees, billing cycles, and plan details are presented at the point of sign-up and may be updated with notice. Subscription payments are processed through our third-party payment provider, and your use of that payment service is subject to its terms.

Separately, consultation charges between patients and providers may be recorded and invoiced through the Platform. Such consultation fees are set by the relevant provider or institution, not by BwinoCare. Unless required by law, fees already paid are non-refundable, except as expressly stated in your plan or agreed in writing.

11. Intellectual Property

The Platform, including its software, design, text, graphics, and trademarks, is owned by BwinoCare or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose. You retain rights to the Content you submit, and you grant us the rights necessary to host, process, and display that Content to operate the Platform and provide the services.

12. Privacy

Our handling of personal and health information is governed by our Privacy Policy, which forms part of these Terms. By using the Platform, you acknowledge that you have read and understood it.

13. Disclaimers

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any Content is accurate or complete. We are not responsible for the acts, omissions, advice, or care of any provider, institution, or pharmacy using the Platform.

14. Limitation of Liability

To the maximum extent permitted by law, BwinoCare and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the Platform. To the extent liability cannot be excluded, our total aggregate liability is limited to the amount you paid to us, if any, for the Platform in the twelve months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify and hold harmless BwinoCare from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Platform, your Content, your violation of these Terms, or your violation of any law or the rights of a third party.

16. Suspension & Termination

We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, if required by law, or to protect the Platform or its users. You may stop using the Platform and close your account at any time. Certain provisions, including those relating to intellectual property, disclaimers, liability, indemnification, and governing law, survive termination. On termination, we will handle your data in accordance with our Privacy Policy and applicable record-retention obligations.

17. Changes to These Terms

We may modify these Terms from time to time. Where a change is material, we will take reasonable steps to provide notice, such as posting the updated Terms with a revised "Last updated" date and, where appropriate, notifying you. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Zambia, without regard to its conflict-of-laws principles. Subject to any mandatory rights you may have, you agree that the courts of Zambia have jurisdiction over any dispute arising out of or in connection with these Terms. The parties will first attempt to resolve any dispute amicably before commencing formal proceedings.

19. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and BwinoCare regarding the Platform.
• Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a business transfer.

20. Contact Us

If you have questions about these Terms, contact us at:

• Email: legal@bwinocare.com
• Support: support@bwinocare.com
• Address: BwinoCare, Lusaka, Zambia