Date: 1 December 2020; version: 2.0
GENERAL TERMS OF SERVICE FOR THE CAREPAY SERVICE
The following Terms of Service apply to the CAREPAY Service and by enrolling for or accessing the Service you acknowledge and agree to have read, understood and accepted these Terms of Service.
1. DEFINITIONS AND INTERPRETATION
In these Terms of Service, the following words and expressions bear the following meaning:
1.1. “CAREPAY”: the member of the CAREPAY Group that delivers the Service to you in your country as the operator and administrator of the CAREPAY Platform on which your CAREPAY Account is operated, as listed on www.carepay.com.
1.2. “CAREPAY Account”: personal virtual account on the CAREPAY Platform.
1.3. “CAREPAY Customer Support”: customer support center in your country as listed on www.carepay.com.
1.4. “CAREPAY Group”: group of companies of which CAREPAY is a member and of which CarePay International B.V. is the ultimate parent company.
1.5. “CAREPAY Platform”: mobile platform that is owned by the CAREPAY Group and operated and administrated by CAREPAY which facilitates the operation of your CAREPAY Account and the provision of the CAREPAY Service.
1.6. “CAREPAY Service” or “Service”: services provided to you by CAREPAY through the CAREPAY Platform.
1.7. “SPONSOR”: entity funding all or part of the healthcare benefits in your CAREPAY Account. A SPONSOR can be an employer, an insurer, a government entity, a non-governmental organization or any other institution funding your CAREPAY Account.
1.8. “you”: you, as a user of the CAREPAY Service, and “your” and “yourself” shall be construed accordingly.
2. DESCRIPTION OF CAREPAY SERVICE; NO SERVICE CHARGE
2.1. The CAREPAY Service provided by CAREPAY aims to give individuals such as yourself access to healthcare through the CAREPAY Platform which enables users to save, receive and use funds and benefits in their CAREPAY Account to get healthcare services at designated healthcare providers using their mobile phones.
2.2 The CAREPAY Service is, unless indicated otherwise, free of charge for you and other individuals that use the CAREPAY Platform to get healthcare services.
3. ELIGIBILITY & ENROLLMENT FOR CAREPAY SERVICE
3.1. To make use of the CAREPAY Service you must be:
3.1.1. a person of minimum of 18 years of age with full legal capacity; and
3.1.2. registered as a user of the CAREPAY Service on the CAREPAY Platform.
3.2. Registration on the CAREPAY Platform and information on the CAREPAY Service will be facilitated by the SPONSOR, CAREPAY and/or selected CAREPAY agents.
3.3. Further information on the CAREPAY Service can be obtained by contacting the CAREPAY Customer Support.
4. ACCESS TO HEALTHCARE
4.1. Funds and benefits in your CAREPAY Account can only be spent at designated healthcare providers as payment for healthcare services offered through the CAREPAY Service. You shall not spend or try to spend the same funds or benefits twice and if you do you shall be liable to pay any excess amount incurred outside the funds or benefits in your CAREPAY Account to the healthcare providers.
4.2. Information on the designated healthcare providers will be available to you through the SPONSOR, the CAREPAY Platform, the CAREPAY agents in your community and/or the CAREPAY Customer Support and/or www.carepay.com. Information about the SPONSOR and healthcare program (including any promotions, bonus schemes and benefits) applicable to you can be found in the terms & conditions applicable to the relevant healthcare program as set by the relevant SPONSOR. Information in relation to such terms & conditions on the CAREPAY Platform (including the USSD menu, the mobile application or www.carepay.com) are not legally binding and only provide a summarized version of the terms & conditions of the relevant program.
4.3. To access healthcare services at the designated healthcare providers you are required to identify yourself as a user of the CAREPAY Service through the designated means of identification determined by CAREPAY or the SPONSOR. The healthcare provider shall check whether the means of identification presented matches with your registration on the CAREPAY Platform.
4.4. If allowed by the relevant SPONSOR and healthcare program, you may, as a primary user of the CAREPAY Service, add dependents of any age to your CAREPAY Account who can access and use the funds and benefits on your CAREPAY Account with your permission. If you add any dependents, these Terms of Service shall also apply to such dependents and you hereby accept and agree to these Terms of Service on their behalf. You shall be responsible for your dependents’ compliance with these Terms of Service. You shall not try to add more dependents than allowed by the relevant SPONSOR and healthcare program.
5. YOUR ACCOUNT
As a registered user of the Service you have a CAREPAY Account. You shall not reveal your CAREPAY Account information to anyone else, except for your dependents. You are solely responsible for maintaining the confidentiality and security of your CAREPAY Account and for all activities that occur on or through your CAREPAY Account, and you agree to immediately notify CAREPAY of any security breach of your CAREPAY Account. You are responsible for the correctness of the data in your CAREPAY Account and shall immediately notify CAREPAY of any relevant changes in your personal information. You shall take all reasonable precautions while sending and receiving data via the CAREPAY Platform.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. CAREPAY will take all reasonable precautions to ensure that the information on CAREPAY and the CAREPAY Service provided to you is accurate and that you suffer no loss or damage as a result of the use of the Service. However, by using the Service you agree that your use is entirely at your own risk and responsibility and that CAREPAY, the CAREPAY Group and their affiliates, directors, officers, employees, agents and partners in providing the CAREPAY Service are not liable for any risk of loss or damage (including without limitation any direct, indirect, special, incidental, consequential or punitive damages) arising from or in connection with your use of or delay in, change to or unavailability of the Service, except in the event of fraud, willful misconduct or gross negligence.
6.2. You hereby acknowledge that you have registered for the CAREPAY Service voluntarily and without any coercion.
6.3. CAREPAY, the CAREPAY Group and their affiliates, directors, officers, employees and agents disclaim and exclude any liability for any loss or damage (including without limitation any direct, indirect, special, incidental, consequential or punitive damages) arising from any circumstance beyond their reasonable control, such as:
6.3.1. any force majeure events, including strikes and industrial disputes;
6.3.2. any security breach or unauthorized use of your CAREPAY Account or unwanted programs or material, malwares, trojans, worms or viruses transmitted when using the Service;
6.3.3. any inaccurate content (for example on benefits, healthcare rates, availability or ratings), loss or unavailability of data or lack of access to, unavailability of or delay in the Service caused by a third party;
6.3.4. any products or services not directly provided by CAREPAY, including all products and services provided by third parties such as partners of CAREPAY (for example any (mobile) money platform, payment service provider or gateway operator) or healthcare providers, or the content on a partner or other third-party site or online service;
6.3.5. any mistreatment, malpractices or wrongful actions of any healthcare provider in the line of providing healthcare services accessed via the CAREPAY Platform; or
6.3.6. any other action of any of CAREPAY’s partners, SPONSORS, healthcare providers or other third parties.
7. TERMINATION OF THE CAREPAY SERVICE
7.1. You can terminate these Terms of Service by contacting the CAREPAY Customer Support:
7.1.1. if you are not a member under a SPONSOR healthcare program, at any moment in time; or
7.1.2. if you are a member under a SPONSOR healthcare program, when such program terminates with respect to you or with the consent of the SPONSOR.
Please note that termination of these Terms of Service shall mean that you can no longer use the Service.
7.2. CAREPAY may terminate these Terms of Service and deactivate your CAREPAY Account:
7.2.1. if you are not a member under a SPONSOR healthcare program, at any moment in time; or
7.2.2. if you are a member under a SPONSOR healthcare program, when such program terminates with respect to you or when you breach these Terms of Service.
7.3. If, in case of termination and deactivation of your CAREPAY Account, you have any funds saved by you (unrelated to a SPONSOR healthcare program) remaining in your CAREPAY Account, such funds shall be transferred to you minus any outstanding payments and net of charges.
8. PERSONAL DATA PROCESSING
8.1 When you use the CAREPAY Service, you trust CAREPAY with your personal data, as CAREPAY cannot deliver the Service to you without processing certain of your personal data as set out in these Terms of Service. CAREPAY recognizes the importance of protecting the privacy and confidentiality of such personal data and included this section to inform you how CAREPAY processes your personal data. CAREPAY processes your personal data carefully, securely and confidentially and it is important to us that you have confidence in our organization with regard to the processing of personal data. In relation to the processing of data, references to ‘you’ or ‘your’ shall include your dependents (except where the context otherwise requires).
8.2 Use of data
To provide the CAREPAY Service, CAREPAY processes the following personal data for the following purposes:
Registration data and biometrics
To create a CAREPAY Account we need to process your name, date of birth, gender, mobile number, National ID number and password. If you add dependents on your CAREPAY Account, we will also need to process their names, dates of birth and gender. In addition to creating your CAREPAY Account, this is to ensure that CAREPAY has sufficient information to provide the Service to entitled users only and to fulfil its KYC (know your customer) responsibilities. If required by the relevant SPONSOR we will also collect your biometrics (fingerprint) for identification and fraud prevention purposes. The fingerprint will be collected when you first visit a healthcare provider using the benefits under the relevant healthcare program of the SPONSOR. At subsequent visits you will have to identify yourself using your fingerprint. By agreeing to these Terms of Service and giving your fingerprint you grant CAREPAY your explicit consent to process your biometric data for this purpose.
Treatment (health) data
To enable you to get healthcare treatment from healthcare providers using the Service, CAREPAY needs to process data on treatment requests submitted by you through the CAREPAY Platform. For the same purpose, CAREPAY processes data on the healthcare providers you visit, the funds or benefits available on and accessed via your CAREPAY Account and any savings, funds, loans and financial transactions undertaken through the CAREPAY Platform. This also allows CAREPAY to fulfil its role in the administration of the funds and benefits available on your CAREPAY Account and the financial transactions on the CAREPAY Platform. To enable you to get healthcare treatment from healthcare providers using the Service, CAREPAY further needs to process data on the treatment received by you from the healthcare provider, including any diagnoses entered by healthcare providers and billed items through the CAREPAY Platform. This also allows CAREPAY to fulfil its claims administration role through the CAREPAY Platform. By agreeing to these Terms of Service, you grant CAREPAY your explicit consent to process your health data for these purposes.
Data to improve the Service
CAREPAY also processes your CAREPAY Account details to deliver customer communications with information on the Service using SMS, telephone, email and other means and to provide customer support services to improve the Service that you receive. This includes CAREPAY approaching you to enquire whether you want to participate in customer surveys, such as customer satisfaction surveys, for which participation we require your explicit consent. To opt out from being contacted for possible participation in customer surveys, you can call the CAREPAY Customer Support.
Marketing of related services
When sending you communication messages on the Service using SMS, telephone, email and other means CAREPAY may inform you on other products and services offered by CAREPAY and CAREPAY’s partners related to the Service, including but not limited to promotions, vouchers and subscription to healthcare applications. To opt out from CAREPAY’s commercial communication messages, you can call the CAREPAY Customer Support.
If CAREPAY uses automation to process your personal data CAREPAY will ensure that you will not be subject to a decision based solely on automated processing which produces legal effects concerning you or similarly significantly affects you.
8.3 Sharing of data
In order to deliver the Service via the CAREPAY Platform, CAREPAY needs to share your personal with the relevant SPONSOR and healthcare providers. CAREPAY may also share your personal data with members of the CAREPAY Group that support the delivery of the Service for example by performing customer service or platform development activities. The CAREPAY Group applies uniform appropriate data security and protection safeguards throughout and stores all data on a centralized secure server. The trusted third-party data processors which CAREPAY uses to deliver the Service (including the party who stores the data) may process the data outside your country of residence but always subject to appropriate data security and protection safeguards in accordance with applicable law and in pseudonymized or anonymized form where possible. As much as CAREPAY requires CAREPAY Group companies and third parties to process data to be able to provide the Service, CAREPAY shall remain responsible for the protection of your personal data and shall take every reasonable step to ensure your privacy.
CAREPAY shall not share your personal data without your consent to third parties, except (i) as provided in this section 8.3 as necessary to provide the Service, (ii) to act on your behalf or request, or (iii) as required by law. To enable third-party partners to use your personal data CAREPAY would need your prior consent which would be asked for in a separate form and way. Once given, this consent can be revoked at any time.
CAREPAY may share dependent's information with you as the primary user of the Service, only in relation to the costs of healthcare services received, claims paid, and the amount of any benefit or deductible used. CAREPAY will not share any other of dependent’s health data with you unless specifically requested by the dependent or to the extent necessary in relation to the parental responsibility held by you over the dependent in accordance with applicable law.
8.4 Data retention
CAREPAY may retain your personal data for a period of up to seven (7) years or as longer as may be required by any law or regulation. You can call the CAREPAY Customer Support to exercise any of the following rights you have in relation to your personal data:
8.4.1 The right of access: you have the right to see which of your personal data we process;
8.4.2 The right of rectification: if your personal data we process are not correct, you have the right to have them adjusted;
8.4.3 The right of erasure: if we no longer need your personal data for the purpose for which they were provided to us, you have the right to ask us to delete them. There are a number of exceptions to this, such as our obligation to retain certain data, for example for statutory legal or tax retention requirements;
8.4.4 The right of restriction: during the period that we are in the process of determining whether your data should be rectified, determining the unlawfulness of data processing, determining whether data should be deleted or whether you have objected to the processing, you have the right to request a restriction of the processing; and
8.4.5 The right of data portability: at your request, we must transfer any personal data we process about you pursuant to these Terms of Service to you or any organization of your choice.
8.5 The legal basis for the collection, storage and sharing of your personal data are these Terms of Service.
8.6 CAREPAY retains the right to process personal data to pursue legitimate interests and to share irreversibly anonymized (so non-personal) data and results with trusted partners and stakeholders. This includes carrying out statistical data analyses to support CAREPAY in operating the CAREPAY Platform and providing the Service, for the benefit of improving access to healthcare services and insurance, identifying and preventing fraud and to evaluate and improve the quality of healthcare services offered by healthcare providers and the Services. If we process data on grounds of legitimate interest, you can object to such processing following which a balancing of interests will follow.
8.7 In case you have any questions around the processing of your personal data, please contact the CAREPAY Customer Support. In case any questions remain after contacting customer support, you can contact the CAREPAY Data Protection Officer, who supervises compliance with data privacy and protection laws. The Data Protection Officer is an employee of the Privacy Company and can be reached via the following e-mail address: email@example.com. You also have the possibility to file a complaint with the governmental authority supervising the protection of personal data in your country.
9. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights (including the software and copyrights and the CAREPAY tradename) in relation to the Service and the CAREPAY Platform are owned by the CAREPAY Group members and they exclusively retain ownership of all rights, title and interest in and to any such rights and you are not entitled to commercialize, publish, copy, reverse engineer, create derivative works or otherwise use any such rights without our express written permission.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into, including notices of cancellation, policies, contracts, and applications.
11. CHANGES TO CAREPAY PLATFORM OR SERVICE
Notwithstanding any other provision of this Agreement, CAREPAY reserves the right to change, suspend, remove, or disable or impose limits on the use or access to any part of the Service at any time and without notice when CAREPAY so deems appropriate to improve or update the Service or the CAREPAY Platform.
12. CHANGES TO TERMS OF SERVICE
CAREPAY reserves the right to at any time modify these Terms of Service and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be notified to you upon you accessing the Service for the first time after such modifications were made and your continued use of the Service will be deemed to constitute your acknowledgement and acceptance thereof.
These Terms of Service constitute the entire agreement between you and CAREPAY and governs your use of the Service, superseding any prior agreements between you and CAREPAY. You also may be subject to additional terms and conditions that may apply when you use services of third parties or third-party content. If any part of these Terms of Service is held invalid or unenforceable, the remainder shall remain valid and binding and that invalid part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention and shall as such be valid and binding. You cannot assign, transfer or novate any right or obligation under these Terms of Service to another person.
14.DISPUTE RESOLUTION AND JURISIDICTION
14.1.You may contact the CAREPAY Customer Support to report any dispute or claim relating to CAREPAY or the CAREPAY Service.
14.2. All disputes arising from the CAREPAY Service or these Terms of Service will be addressed by way of amicable discussions between you and CAREPAY.
14.3. 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 shall be resolved by an arbitrator agreed on by both parties, or in the event parties fail to agree on an arbitrator, an arbitrator appointed by the arbitration institute in the country in which the CAREPAY Service is being delivered, in accordance with the rules of such institute. To the extent permissible by law the determination of the arbitrators shall be final conclusive and binding upon the parties hereto.
14.4. These Terms of Service and the use of the Service shall be governed by the laws of the country in which the CAREPAY Service is being delivered.