Kamay-Health, Inc. and its affiliate company Kamay Medical Corporation (collectively known as “Kamay or KamayCare”) govern the use and terms of the online platforms, KamayCare app, and its website.
By downloading and using the KamayCare App you agree that you have read, understood, and agree to our terms and conditions. To use the App you must agree to the terms and conditions below including future changes. If you do not agree to be bound by these terms and conditions, please do not continue using this app. Your continued use of the app, therefore, gives your consent to be bound by our company’s terms and conditions.
The Terms and Conditions stated to constitute a legal agreement between you as the patient, or as a representative of the patient and Kamay-Health Inc.
Kamay-Health Inc. (“Company”) reserves the right to amend, update, add, delete parts, and change its Terms and Condition anytime it sees fit. Users are responsible to view the terms and conditions regularly. Any changes or updates are effective immediately upon KamayCare’s notification or posting unless you as a user provide written notice of rejection/disapproval of such changes. You must inform us within thirty (30) days by sending us written notice at Kamaycare with address at Unit 305 3rd Floor, No. 63 Malakas St., Barangay Pinyahan Quezon City
ELIGIBILITY AND WARRANTIES
As a requirement to use our mobile app and website, you agree to provide correct, complete, and accurate information about yourself and the patient’s information including the current health status and medical history. Failure to provide accurate information may result in your inability to use/access our services and platform.
By using the KAMAYCARE App service (“the platform”), you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. By using the app, you have the right, authority, and capacity to use the service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
Your Failure to provide/update true and accurate information in your account may result in its cancellation. Kamay-Health Inc. reserves the right to refuse to give our application services to those who give inaccurate/false information regarding the patient’s/user’s personal and health information.
You agree to use your username and password. Only one account will be allowed for each user or entity unless an approved written consent is given by Kamay-Health Inc. Using another account to impersonate another is prohibited and may be accounted for with legal charges. Logging in using another user’s account is subject to the rights and approval of the other person.
Users are responsible for maintaining their account’s security and confidentiality. Kamaycare will not be responsible for any consequences and losses arising from the unauthorized use of the account. Contact us immediately via email hr@kamaycare.com if you suspect that your account has been compromised. You should be aware of the consequences of using public or shared networks and computers, you are prohibited to use the app on unsecured networks or computer systems, public wifi, and unsecured Local Area Networks manage by third parties, and the likes.
For cases where you use the service options offered by KAMAYCARE on behalf of an organization or company, or to secure goods or services for the utilization of another person, you warrant and represent that you are duly authorized by the organization or company or such other person to do so, and in such a case, the words “you”, “I”, “me” or “my” used in these Terms shall include an organization or company or such other person so that the Terms and conditions that limit the liabilities of KAMAYCARE are also legally binding on such organization or company or entity or such other person.
You or your representative are required to notify us of any changes in your information, health condition, and eligibility. For minors (below 18 yrs old) requiring our application services, the same must be accompanied by a parent, relative, or guardian, during the duration of the service.
KamayCare allows you a limited, personal, and non-transferable right and licenses to utilize the mobile application and avail of the services. The use of the app is for your personal use and non-commercial use unless specified in writing. You agree and acknowledge that you are not allowed to lease, transfer, sublease, sell, re-sell, distribute, or exploit the Mobile App or any part of it.
The Mobile and Website including all program codes, source codes, content, design, metadata, pictures, and creative are properties of KamayCare or properties of our licensors, partners, or providers.
You are not allowed to see any of our program code or software codes on both mobile applications and websites. Kamaycare reserves the right to these Proprietary Materials. You may not use, copy, display, or post these materials on all platforms including social media and other traditional platforms unless you have approved written consent.
Kamaycare reserve the right to terminate Users for misconduct, impersonation, misuse of the App, misbehavior, abusive and harmful gestures to any of our medical professionals.
As a user, you agree to use the app correctly and not cause any nuisance, disruption, or inconvenience to our platform, healthcare provider, and partners. You acknowledge and agree not to reverse engineer, debug or decompile any or all of our mobile applications. You agree not to launch any software or scripts for indexing, data mining, or hindering the operation of the mobile app.
Users should be responsible for all the devices and equipment needed to gain access to the KamayCare mobile app and website including the fees that may be charged by your internet provider.
SCOPE OF SERVICES
You acknowledge that the company's mobile app KAMAYCARE is a platform whose main purpose is to MATCH the healthcare providers such as nurses, doctors, caregivers, therapists, AND patients, or elders with healthcare needs, or anyone needing home care or other services that KAMAYCARE can find and match with.
Kamay Medical Corporation also provides healthcare services such as Kamay Teleclinic (video consultation), Doctor Home Visit, Home Lab test, Vaccination. Users are required to accept the terms and conditions to use our Services.
Services may be availed by you as the patient/customer or as a representative. Representatives must be a spouse, parent, sibling, family members, direct descendants, ascendants, and legal guardians for minors, household employers representing their helpers, drivers, gardeners, and housekeepers. You hereby confirm that the Family Members, minors, and persons which you have, legal guardianships including those mentioned above have given their consent to Register and Share their personal and medical information with Kamaycare. To comply with the Data Privacy Act and other similar laws, Kamaycare may take verification steps for account creations for minors that you are his parent or legal guardian same as with drivers and household helpers.
Users are strictly prohibited from availing of Kamay Services on our platforms on behalf of other persons not mentioned above.
You must contact us immediately for any changes in your eligibility to use the Services as well as any changes in the patient’s medical condition.
It is the choice of third-party healthcare providers to offer healthcare services to you and it is up to you to accept such healthcare services. The service of Kamay-Health Inc. is to LINK you with such third-party healthcare service providers. Kamay-Health Inc. is not responsible nor liable for the acts and/or non-compliance of any third-party healthcare provider.
You understand that we cannot guarantee the availability of the Healthcare providers (Medical Professionals, caregivers) in your area at the time you intend to use our services.
Our app provides registered nurses, doctors and specialists, and certified caregivers. Kamay-Health Inc. ensures careful selection and qualification for all health professionals that will provide services using our application. Healthcare providers are not employees of Kamay-Health Inc. By using the app you acknowledge that the healthcare services that you shall avail is solely at your own risk and you assume full responsibility for all consequences and risks associated as allowed by the extent of the law.
You are required to consult a regular licensed doctor or specialist for any changes in your treatment, medicines, routines, therapy, and food preferences that may affect your health condition. Kamay-Health Inc. will not be responsible for any consequences that may lead to the said changes. Kamay-Health Inc. will not be giving medical advice to patients. Healthcare providers/medical professionals that use our application are independent parties that are solely responsible for the services they offer and Kamay-Health Inc. is not responsible for any consequences of the medical professional’s advice.
OUR SERVICES AND RESPONSIBILITY
You acknowledge and agree that the services provided by the website and App are subject to these terms and conditions. The healthcare providers who promote themselves on KAMAYCARE are not employees of Kamay-Health Inc. KAMAYCARE has no obligation to accept your request for services and shall have the full discretion to decline the provision of any of the services to you.
If KAMAYCARE accepts your service request, KAMAYCARE shall record the details of the services requested by yourself under these terms. While KAMAYCARE ensures that the healthcare providers provide prompt and timely services, KAMAYCARE is not responsible for disruptions in the services or any actions of any healthcare provider. KAMAYCARE shall not be liable for any cancellation or delay of an appointment by the healthcare provider. Likewise, Kamay-Health Inc. is not responsible for related issues such as unprofessional conduct, misbehavior, and misinformation, given by the healthcare providers.
You acknowledge and accept that KAMAYCARE is not responsible directly or indirectly for the services that you received or the acts or omissions of any healthcare provider assigned to you through the KAMAYCARE platform.
You acknowledge that KAMAYCARE does not provide emergency care for someone who is not conscious, in respiratory distress or gasping for air, having chest pains or symptoms of acute stroke, or any condition requiring urgent medical attention. Instead, to send the person requiring emergency medical care to the nearest hospital.
KAMAYCARE shall not be liable for any loss, damages, costs, or expenses incurred by yourself in connection with or arising from the services provided by the healthcare provider. KAMAYCARE shall not be held responsible nor liable for any complications or other consequences that may arise from the provision of products or services provided by the healthcare provider. In the event a dispute arises between you and one of the healthcare providers, you hereby release KAMAYCARE from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes.
You acknowledge and agree that the service provided by your chosen healthcare provider, medical professional such as doctors, nurses, PTs, caregivers through the use of our mobile app, website, or manual booking does not establish a doctor-patient relationship between you/the patient and KamayCare. You acknowledge and agree that the medical advice given by your chosen healthcare professional is not advice given by KamayCare. You will be responsible for the risk and consequences that may arise from your chosen healthcare provider. Kamaycare will not be liable for the advice given by your chosen provider via the app, website, or phone calls.
Our platform will direct you to an available medical professional in your area, the application also does not provide direct medical advice. You understand that these healthcare providers are not employees of KamayCare. They are also Not Referrals, agents, or representatives of the company. Kamaycare only provides the platform and the patients take their own risk on the provider that they willingly choose. Kamaycare does not provide medical advice on all its platforms.
You hereby acknowledge and agree to give consent to KamayCare to gather, collect, store, hold and transfer your information within or outside the Philippines, process your data including but not limited to your name, contact details, phone numbers, emails, medical history, medical reports for our internal use and records. KamayCare may give your information in cases where there is a need from any government authorities and agencies, where it is required by law.
Our privacy statement can be seen at http://www.kamaycare.com
Some particular Services available through our website may have their terms and conditions. If there will be any conflict between this Agreement and any other separate terms and conditions. The term of the separate agreement will govern.
HOME LAB TEST
The Home Lab Test serves as an online platform for ordering and processing diagnostic health and medical lab tests. It connects you to a licensed doctor, nurse, or medical technologist who will provide you the needed services depending on the agreed time by both parties.
These mentioned registered professionals above can be trained and can do administration of Coronavirus-19 test kits (“COVID-19 Services”). This shall include but is not limited to Real-Time Polymerase Chain Reaction Test, Rapid Antigen Test, Rapid Antibody Test, and another diagnostic test. The COVID-19 Services may constitute of these procedures services: swabbing, nasal and oral sample collection, pricking, blood extraction, saliva collection, and delivery of these specimens to our partner laboratories for processing. These medical professionals are carefully chosen, they underwent background checks, verifications, and interviews by KamayCare's own Medical Team. Kamaycare shall not be liable for any misrepresentations made by the Healthcare Providers/ Medical Professionals.
You acknowledge and agree that the Laboratory partners are separate entities from Kamay and they should be the ones responsible for the timeliness of the delivery of diagnostic test results. KamayCare does not have control and is not liable for the reliability, effectiveness of these tests. The contracting partner laboratory does not constitute a referral, promotion, endorsement, or medical advice by Kamaycare.
Likewise, KamayCare is not liable for the security of the information you provided to the partner Laboratories in the course of or in connection with and as an incident to the Tests.
Upon payment and confirmation of an appointment made by the patient/representative app user or website, the Medical Professional fulfilling the service will collect the patient’s specimen at the agreed schedule. Specimen will be delivered to the partner laboratory for processing. The lab will provide testing and result reporting following their established process for testing. After the release of the result, the lab shall keep accurate and complete records and specimens shall be preserved in conformity with applicable laws and regulations for all services under this agreement. Unless required by law, the retention period shall not exceed five (5) years from the date of collection. Upon written request, the designated partner Lab shall make available for your review all such records and preserved materials as shall be required and requested.
Kamaycare does not interfere with the practice of medicine of any healthcare provider nor the processes of the partner laboratories. You agree and acknowledge that the laboratory service is not considered a visit to your healthcare professional and the use of the data and test results is at your discretion and risk.
You understand and agree that KamayCare and Medical Professionals are separate and these Medical professionals shall be responsible for the services that they provide.
HOME SERVICE APPOINTMENT
Upon receiving your request for a Home Service Appointment, the KamayCare app will send your location automatically which will be used to identify the possible Healthcare Providers that can cater to your Job request. With the information provided through the app, available healthcare provider who is willing to render their services will accept the job request. You will be required to pay the amount specified to confirm the Home Appointment or Job request with the available payment options on the app like Bank Transfer, Gcash, Paypal, Paymaya.
You acknowledge and agree that Kamaycare will not be liable for any loss or damages that may occur during your Home Service Appointment.
If you are the family representative, legal guardian, or in charge of the booking for a minor, you agree to be present during the home service appointment. You will be responsible for the payment for the services provided to the minor and shall assume the obligations of this Agreement.
The Medical Professionals and KamayCare may discuss and agree to a fixed amount of professional fees depending on the profession, specialty, and the current market price. KamayCare has the authority to control the price according to what they think are just and fair prices for both the Medical Professionals and the patients.
TELECLINIC (TELEMEDICINE)
Kamaycare app also provides Telemedicine, in-app consultation via video call, and live chat with Medical Professionals. This feature allows you to connect and talk to a registered Medical Professional in real-time. Upon the user’s selection of the needed specialist, acceptance of the said specialist, and payment of the user, a 20-minute window is provided for the consultation to take place.
If you are experiencing any of the following symptoms, you are NOT qualified for Teleclinic/Telemedicine consultation;
As stated, prior booking and acceptance of the Medical Professional are required. You accept and acknowledge that any Physical Exam may be impaired by the internet speed, traffic, and congestion which KamayCare has no control of.
Prescription if needed can be requested by the user to the Medical Professional and can be processed through the app. Medical Certificates can also be provided with the doctor’s discretion and not automatically given on each consultation.
ADULT VACCINATION
This feature provides the convenience to have a vaccine administered to your own home. During the app booking, you should specify the correct name of the person needing the vaccine. You can add more information on the Additional Information section (free text) if you need to give important health information. Only the Medical Professional you selected can see your information. Upon the confirmation and acceptance of the professional, you should pay the specified amount to have a confirmed booking.
In the case that you do not receive an acceptance of your request from any medical professional, it means that there is no available professional on your chosen date and time or there are vaccine availability problems.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the KAMAYCARE website, blogs, mobile app, and articles contain materials protected by intellectual property rights such as copyright law, trademarks, and service marks of KAMAYACARE. You agree not to modify, publish, copy, or in any way exploit, in whole or in part, any proprietary material without the prior consent of Kamay-Health Inc.
Any content provided by you remains your property. By providing the content to us, you grant us the right to use, display, copy, modify, distribute such user content in any format and platforms without further consent or notice from you, and any payment to you or another parson or entity. You warrant that you are the sole owner of the user content and you have the right to grant us the license to the user content. You represent and warrant that neither the User content nor the use of the content will infringe or violate a third party’s intellectual property or rights and will not violate any applicable law and regulation.
AGREEMENT NOT TO DIRECTLY ENGAGE THE HEALTHCARE PROVIDER OF SERVICES
You agree that you will not bypass the use of the platform (website or mobile app) and not engage the services of the healthcare provider directly. You acknowledge that KAMAYCARE has the right to terminate these terms and conditions and their relationship to you without prior notice at any time if you breach the terms of this item.
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third-party service provider, the Company, or any third -party as a result of any breach of the Terms of Use.
PAYMENTS.
You shall pay KAMAYCARE all charges invoiced to you for the provision of the services immediately to have a confirmed booking. In the event of any cancellation or rescheduling as notified by KAMAYCARE to you in connection with the setup of the appointment between you and any healthcare provider. You acknowledge and agree that if and when making payment online: (a) you will be taken away from the platform and directed to the payment gateway used by KAMAYCARE via a secure connection through which you will provide your credit card or other payment information, so that it may be passed to a third party payment processor for payment (b) KAMAYCARE will have no access to your credit card or account number or information when you make a payment online.
For services availed by a minor, you as the user, or the parent, or the guardian present during the service shall be responsible for the payment.
Charges for the Services will include the booking fee, professional fee, taxes where applicable and required by law. You also agree and acknowledge that there would be certain services that would require transportation charges.
We provide a 20% discount to all Persons-With-Disability (“PWD”) and Senior Citizens (“SC”), required IDs should be provided. The doctor’s request should also be submitted to avail of this SC and PWD discount. This discount will be based on the original rates only.
Payments made through KamayCare platforms will be remitted to the Medical Professionals depending on KamayCare weekly pay-out schedule.
Promotional Codes could also be given from time to time at different rates and amounts. Promo codes may be discontinued by us anytime for any reason and without liability to us. Promo Codes are not applicable in conjunction with SC and PWD discounts. These codes are not valid for cash, or convertible to cash. KamayCare may issue an expiration for this code. Our team may create promo codes that may be redeemed for Account credit or other benefits to the App Users, this would be subject to additional terms that we may establish during the promo period. KamayCare reserves the right to withhold or deduct credits or benefits in an event that our company determines or believes that the use of the promotional code was in error, illegal, fraudulent, or in violation of the Promo Code or this Agreement.
Cancellation
Payment made by you to the Healthcare providers/Medical Professionals is final and non-refundable unless otherwise determined by Kamaycare. Cancellations made by the users/patients/representative, 24 hours before the confirmed appointment with the chosen healthcare provider shall be charged 20% of the Total Charges. Cancellations made with more than 24 hrs will be allowed for free.
If cancellation is made (2) two hours before the actual service schedule, you will be charged the full price of the service.
Rescheduling
You would be required to call out hotline for any changes in Schedule , we may cancel the appointment manually and asked you to book another slot on the app.
For a visit that is rescheduled and the original KamayCare provider is not available thus requiring a new KamayCare provider, a 20% change fee will be charged if the changes is within 7 days but not less than 24 hrs from the scheduled visit.
For rescheduling that does not require a new Helathcare Professional and the original Healthcare Professional can still perform the visit, there is no change fee.
For a change where the duration of visit was reduced within 7days of the start time but more than 24 hours before the start time, a 20% change fee will be imposed
For a booking that was assigned to a KamayCare Provider and the visit was reduced and was requested within 24 hours before the start time, the change fee is 100% of the reduced hours, inclusive of applicable charges.
For Telemedicine booking, if a Client wish to change their booked time slot, they must contact KamayCare,. For these instance, KamayCare will cancel the existing booking and allow the client to place a new booking. Clients with multiple changes made will be charged with multiple change fees.
KamayCare may waive charges depending on the company’s discretion, KamayCare will also have the final say or decision on all disputes,
REFUND
Completed job requests or services that have been delivered by the healthcare professional will not be qualified for any refund. For Refund due to Cancellation, Kamay will follow the 24 hr timeframe stated on the Cancellation part of this Terms and Conditions. KamayCare will process a refund if there are mistakes made in payment charges after a review has been made.
Eshop Cancellation
Products ordered through the portal, website or phone can only be cancelled before it has been packed. If you need to proceed with the cancellation and it has not been handed over to our courier you may process it through the app or contact our hotline. If you availed of a Shipping Free Promo, and purchased multiple items, all items in the order would be cancelled. Once item is on cancelled status, this would not be editable and you can’t retract the cancellation.
If you wish to re-order a cancelled item, there maybe a change in price depending on the promo period. KamayCare could not commit to offer the old promo price once the period has ended.
For credit card payments, your money will be refunded automatically to your account within one to two billing cycles depending on your bank policies. One billing cycle is one month.
Eshop Return Policy
Items ordered from KamayCAre Eshop are eligible for Refund within 15 days from when the item was delivered, provided that it has met the following criteria:
No Exchanges are allowed once it has been shipped and accepted by the courier, or once it has been successfully delivered.
For Return please contact our hotline or facebook page or email us.
INDEMNIFICATION
You hereby indemnify to the fullest extent Kamay-Health Inc., including its employees, directors, officers, partners, affiliates from and against any and/or liabilities costs, demands, causes of action damages, and expenses including attorney’s fees and cost of regulatory actions arising or resulting from : (1) your use of our website, software
the mobile app, third-party providers, affiliates, partners, sponsors, and advertisers; (2) your breach or violation of any of the provisions of these terms; (3) your violation of any rights of our partners, third party healthcare providers facilitated by the website or app; (4) your use and misuse of our mobile application, website, or software including fraud, misinformation, and or misrepresentation.
DISPUTES
You agree that this agreement contains the full and final agreement between us, your family, relatives, and any minors using the app, regarding the use of our website and mobile app and service. These terms and conditions or agreements and the conflicts arising from them would be governed by the laws of the Philippines.
Any disputes or claims arising from this agreement will be settled by arbitration and will be administered by the Philippine Dispute Resolution Center, Inc. (PDRCI). You will be responsible to pay the arbitration filing fees following the PRDCI terms. Each party reserves the right to bring an individual to small claims court.
SEVERABILITY
If any provision of these terms is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein.
LIMITATION OF LIABILITY
You hereby acknowledge and agree that Kamay-Health Inc., including its officers, directors, and employees shall not be liable for direct, consequential, or special liability arising out of or in any way connected to (1) your use of the application or website; (2) inability to use our mobile application and website (3) act of negligence, service refusal, any act or omission by the third party healthcare providers (4) any loss of information, data and records.
REVISION OF TERMS
Kamay-Health Inc. reserves the right to revise any of its terms any time as it sees fit, and by using this website and app you are expected to review these Terms and Conditions regularly.
ASSIGNMENT
Kamay-Health Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign or transfer any of your rights and obligations under these terms.
FORCE MAJEURE
Kamay-Health Inc., including its employees, directors, officers, partners, third-party service providers, contractors shall not be liable to you for any delay or service failure resulting from unforeseeable circumstances, or as a result of force majeure.