1 Introduction
The Kena Health application is a direct-to-consumer electronic platform (“Kena application”)
administered by Kena Health (Pty) Ltd ("Kena"), designed to deliver Telemedicine Services ("the
services") through an interface between yourself (the “User”) and Healthcare Professionals. The
platform achieves this through presenting you with the opportunity to communicate and consult
with registered medical practitioners to discuss all your health care related needs, receiving either
treatment or a better understanding, knowledge, and awareness of your health.
These terms and conditions govern our relationship with you and regulate the ways in which
Kena provides medical services to you and your obligations in that regard.
The User will be required to accept these terms and conditions before using the services. By
using and/or paying for the services on Kena, the User acknowledges, represents, and warrants
to and in favour of Kena, that he or she:
1.1 has carefully read, understands, and expressly agrees to the terms and conditions as set out below;
1.2 is at least 18 years of age and that he or she possesses the legal right and ability to enter into
an agreement with the Healthcare Practitioner. If the User is under the age of 18, he or she
must have his or her parents’ consent. To the extent the legal requirement for the age of
majority is greater than the age of 18, the User represents and warrants that he or she is at
least that age;
1.3 understands the financial commitments in using the service;
1.4 is and will at all material times be in a financial position to meet his or her obligations under
this Agreement; and
1.5 is authorised to use such mobile or other electronic device or payment card to make
payment, as the case may be, and that there are sufficient funds available to pay for the
service if applicable.
In the event that you, the User, do not agree to these terms and conditions, you may not
continue using the Kena Application.
Kena may refuse to provide the services to a User if Kena is unable to verify any information that
the User provides.
Kena reserves the right to change any of the terms and conditions contained herein, at any time
and at its sole discretion. When Kena makes changes to the terms and conditions, the User will be
presented with the latest version the next time the User accesses the Kena application. The User
will need to accept the updated terms and conditions before the User can continue using the Kena
application. Your continued use of the Kena application following the posting of changes will
constitute your acceptance of such changes. You undertake to review these terms and conditions
whenever you access the Kena application.
2 Definition of terms
2.1 "Associates" means any company in which a holding company owns (directly or indirectly)
the issued ordinary shares of 50% or less of such company.
2.2 "Consent" means any voluntary, specific, and informed expression of will in terms of which
permission is given for the processing of personal information, including your special
personal information.
2.3 "Dependants" includes your children and any person on whose behalf you may legally act.
2.4 "Direct marketing" would entail Kena Health (Pty) Ltd approaching you, either in person or
by mail or electronic communication, for the direct or indirect purpose of –
2.4.1 promoting or offering to supply, in the ordinary course of business, any goods or services;
or
2.4.2 requesting you to consider making a donation of any kind for any reason.
2.5 “Funders” includes all entities or bodies that are legally responsible for the payment of
accounts for healthcare services obtained by you including but not limited to medical
schemes, medical scheme administrators, insurance companies, the Compensation
Commissioner (for injuries on duty), and the Road Accident Fund.
2.6 “Healthcare Practitioner” means any person, including a student, registered with the
Health Professions Council of South Africa in a profession registrable in terms of the
Health Professions Act No. 56 of 1974 and may include a registered doctor, registered
nurse, registered psychologist, accredited counsellor, clinical associate or other medical
professional.
2.7 “Personal Information” shall bear the meaning as set out in section 1 of the Protection of
Personal Information Act No. 4 of 2013. For further information on how Kena processes
your Personal Information, please refer to our Privacy Policy on our website at
https://app.kena.health/legal/privacy.
2.8 “POPIA” means the Protection of Personal Information Act No. 4 of 2013.
2.9 “Processing” or "Process" shall bear the meaning as set out in section 1 of the Protection
of Personal Information Act No. 4 of 2013 and in our Privacy Policy..
2.10 “Medical services” means all or any healthcare related services provided by a healthcare
practitioner.
2.11 “Telemedicine” refers to the delivery of healthcare related services and information via
electronic or telecommunication technologies.
2.12 “Special Personal Information” shall bear the meaning as set out in section 1 of the
Protection of Personal Information Act No. 4 of 2013 and in our Privacy Policy. “We”, “us”
or “our” refers to Kena Health (Pty) Ltd.
2.13 “You”, “your” or “the User” refers to you, as the user of any of our services, and includes
your dependents. Whenever we refer to your information / personal information in this
Policy, it includes the information / personal information of your dependants.
3 Who we are and our services
3.1 Kena Health (Pty) Ltd (“Kena”) is a technology provider registered as a private company in
South Africa under registration number 2019/172268/07. Kena is an Associate of
Healthforce (Pty) Ltd (registration number 2018/344681/07) a technology provider which
provides access to a software system used by clinics, healthcare practitioners and patients
around South Africa to provide Telemedicine.
3.2 The Telemedicine services offered to Users, through the use of the Kena application,
include, but are not limited to:
3.2.1 scheduling consultations with a Healthcare Practitioner;
3.2.2 text chatting with a Healthcare Practitioner which entitles a User to private and
confidential messaging directly with a Healthcare Practitioner for advice, treatment, or
referral; and
3.2.3 consulting with a Healthcare Practitioner through direct telephonic or video access with a
Healthcare Practitioner for diagnosis, treatment, and/or referral;
3.2.4 receiving prescriptions and prescription refills; and
3.2.5 any other healthcare related services provided through the Kena application to a User.
3.3 The list of Telemedicine services in paragraph 3.2 above is not exhaustive and the services
may be reviewed, updated, added to, and/or removed by Kena from time to time and in its
sole and absolute discretion.,
3.4 The medico-legal relationship, if any, created by the attending Healthcare Practitioner
phoning and/or consulting with a User upon his or her request, or texting the User in
response to a User's text-based message, is by and between the User and the attending
Healthcare Practitioner.
3.5 Subject to any and/or all applicable laws, Kena makes no warranty or representation,
whether expressly or implicitly:
3.5.1 about any component of a selected Kena service, or that the User will be able to have
access to or continue to have access to the service or that such access will be continuous
and/or uninterrupted; and/or
3.5.2 as to the quality of reception by the User of the service, or any aspect thereof, as Kena
cannot be responsible or liable for electronic media or conveyance through, on, and/or
via such electronic means as these factors are and will be beyond its control; and/or
3.5.3 that the software used to provide the selected service including any software
applications, is virus or error-free, flawless or without fault; and/or
3.5.4 that the services will at all times be free of errors or interruptions, be always available, fit
for any purpose, not infringe any third-party rights, be secure and reliable, or will conform
to its delivery timeline requirements.
3.6 Kena will use its reasonable endeavours to make its services and products available to the
User and to maintain the availability thereof on the understanding that such services are
provided on an “as is” and “as available” basis.
3.7 The User acknowledges that the service may have limitations relating to technology, such
as data and internet failures.
3.8 Kena, in the absence of its gross negligence or wilful misconduct, will not be liable to any
person for the content of and/or the use of materials constituting the selected service
whether provided by Kena or a third party.
4 Consent for telemedicine medical service
4.1 You, as a User, agree and consent to receive telemedicine medical services, including, but
not limited to consultation, diagnosis, treatment, and/or referral, by a healthcare
practitioner from Kena.
4.2 You, as a User, confirm that you are the legal guardian of any child dependants that you
add to your profile and can legally consent to the treatment of any child dependant that
you add to your User account via the Kena application.
4.3 You, as a User, agree and consent to Kena collecting and processing your Personal
Information, including Special Personal Information, relating to your demographics, health
status and medical history, employment details, billing details, and utilisation records, for
the purposes of:
4.3.1 providing Telemedicine services to you;
4.3.2 evaluating the need for Telemedicine services and/or determining the correct treatment
option or diagnostic procedure;
4.3.3 for operational purposes, including maintaining medical records for the purpose of
evaluating future medical treatment options;
4.3.4 to register and authenticate Users of the Kena application;
4.3.5 evaluating the use and performance of our products and services;
4.3.6 historical, statistical, and research purposes;
4.3.7 auditing purposes;
4.3.8 submitting claims to medical schemes, health insurers and voucher providers for services
provided to you;
4.3.9 compliance with legal obligations;
4.3.10 notifying you of health-related information, updates, or reminders that are directly
relevant to you; and
4.3.11 any other legitimate and lawful purpose as required by Kena for its business operations
or for complying with the Kena's legal requirements.
4.4 If you, as the User are under the age of 18, you agree that you are a competent person
who consents to the processing of their personal information.
4.5 The provision of this information is voluntary, and we will continue to assist you to the
extent possible, but it may affect the services that we are able to provide. If insufficient
information is provided to enable the provision of services, we may refer you to an
alternative service provider.
4.6 By continuing to use Kena’s services and the Kena application, you also consent to our
Privacy Policy which is available here: https://app.kena.health/legal/privacy. Please read
and familiarise yourself with our Privacy Policy, prior to continuing to use our services.
4.7 If you have questions or concerns about the use of your Personal Information, you can
contact Kena’s Information Officer at care@healthforce.io. You have the right to access
and rectify the information you have provided to us, or to object to it being processed, by
contacting the Information Officer.
4.8 You also have the right to submit a complaint to the Information Regulator, using the
following details:
JD House,
27 Stiemens Street
Braamfontein
Johannesburg 2001
Email: POPIAComplaints@inforegulator.org.za
4.9 In receiving the Telemedicine Medical Services, you will receive information about the
attending Healthcare practitioner, including such Healthcare practitioner's name and
practice number, medical treatment, Telemedicine services, your health status, the nature
of and reason for the recommended medical services, the range of treatment options and
diagnostic procedures available, the benefits, risks, costs, and consequences generally
associated with each option, and your right to refuse the recommended medical services,
as well as the implications, risks, and obligations of such a refusal when you consult a
healthcare practitioner from Kena.
4.10 All Kena Healthcare Practitioners are registered with the Health Professions Council of
South Africa, the South African Nursing Council or any other relevant Regulatory or
supervisory body. The service is provided either through Dr Chantal Hadfield Inc, a
healthcare practice with registration number BHF: 0987913 or by Healthcare Practitioners
employed directly by Kena.
4.11 You agree that, due to the nature of our telemedicine service, you cannot choose the
specific Healthcare Practitioner(s) that you will consult with, and you agree to conduct any
telemedicine consultation on this basis. You may, however, at any time, inform the
attending Healthcare Practitioner assigned to you if you do not, for any reason, wish to
continue with a consultation or have any other interaction with such Healthcare
Practitioner.
4.12 You agree and consent to the electronic transmission of information to you for purposes of
the Telemedicine consultation including, but not limited to, the electronic transmission of
prescriptions, sick notes, medical history, and clinical records. Certain confidential
information transmitted to you will be password protected or encrypted.
4.13 You agree and consent to your information being shared with the following third-parties,
to enable us to provide you with our services and for the relevant Healthcare Practitioner's
to provide you with Medical Services:
4.13.1 healthcare practitioners who treat you (with your consent);
4.13.2 relevant funders and voucher providers, if necessary, including Medical Schemes or their
administrators;
4.13.3 other persons, including family members, only if we are authorised to communicate with
them in terms of the law or otherwise with your consent;
4.13.4 any relevant third party in the course of an acquisition, sale, transfer, reorganisation, or
merger of parts of our business or our assets; and
4.13.5 our internal quality teams as part of our quality standards and oversight processes;
4.13.6 members of our internal support team;
4.13.7 members of our development team; and
4.13.8 other third parties providing Kena with IT and cloud-based services for the safe storage
of your personal information.
4.14 Both our services and Telemedicine Medical Services are provided in good faith based
upon the information given by the User, during the phone call, text message, and/or
consultation. As such, the User is required to disclose all relevant information, no matter
how trivial, pertaining to his or her current health and past medical history that may have a
bearing on the services to be so provided.
4.15 It is your right, as a User, to ask the attending Healthcare Practitioner any questions you
may have about your health to help you make an informed decision and choice about the
treatment that you receive.
4.16 All calls will be recorded and kept confidential. All text-based messages will be stored and
kept confidential.
4.17 Should there be more than one Healthcare Practitioner (where necessary) present during
your consultation with a Healthcare Practitioner via video access, all such Healthcare
Practitioners will furnish you with their details, including each healthcare Practitioner's
name and practice number, where applicable.
4.18 The User hereby specifically represents and warrants to and in favour of Kena that all
information offered, proffered, provided, discussed with, and/or communicated to any
Healthcare Practitioner about the User, themselves, or a dependant, whilst making use of a
selected service, will be absolutely true and correct in every respect and regard – hereby
acknowledging the importance as to the serious consequences if such information is not as
represented and warranted.
4.19 Kena and the attending Healthcare Practitioner:
4.19.1 make no warranty as to the content of any information and/or response; and
4.19.2 do not guarantee that a conversation with a Healthcare Practitioner via the telephone
and/or text message and/or video consultation is the appropriate course of action for the
User, or their dependants, particular healthcare problem.
4.20 The User can opt-out of receiving care, at any stage, but acknowledges that it may not be
in the User’s best interest and the User, therefore, releases the Kena attending Healthcare
Practitioner form being legally liable for this.
4.21 The User agrees and acknowledges that the attending Healthcare Practitioner may
encourage or request the User, or their dependant, to present himself or herself for a face-
to-face consultation at a healthcare facility if the attending Healthcare Practitioner is of
the opinion that the Telemedicine consultation is not suitable for providing healthcare
related services.
5 LIMITATIONS OF LIABILITY AND WAIVER OF LIABILITY
5.1 YOU WAIVE ANY AND ALL CLAIMS, PENALTIES, LOSSES, DAMAGES, AND/OR
LIABILITY OF WHATEVER NATURE AND IRRESPECTIVE OF HOW IT WAS INCURRED
(EXCEPT AS A RESULT OF GROSS NEGLIGENCE), WHICH YOU MAY HAVE OR ASSERT
AGAINST KENA, THE HEALTHCARE PRACTITIONER, AND ANY PERSON ACTING ON
BEHALF OF ANY ONE OF THEM, WHETHER JOINTLY OR SEVERALLY, FOR ANY
LOSSES, LIABILITIES, DAMAGES, COSTS AND/OR EXPENSES OF WHATSOEVER
NATURE (COLLECTIVELY, “LOSSES”) WHICH YOU MAY SUFFER AND/OR OTHERWISE
INCUR IN ANY CAPACITY ARISING OUT OF, OR IN RELATION TO THE USE OF
TELEMEDICINE OR THE DISCLOSURE OF YOUR PERSONAL INFORMATION.
5.2 YOU INDEMNIFY AND HOLD THE HEALTHCARE PRACTITIONERS, ALL PERSONS
ASSOCIATED WITH THE HEALTHCARE PRACTITIONERS' PRACTICES AND/OR
PERSONS ACTING ON THE HEALTHCARE PRACTITIONERS' BEHALF, INCLUDING
KENA, AND ALL PERSONS ASSOCIATED WITH IT, HARMLESS AGAINST ANY CLAIM,
PENALTY, LOSS, DAMAGES, AND/OR LIABILITY OF WHATEVER NATURE AND
IRRESPECTIVE OF HOW IT WAS INCURRED, EXCLUDING AS A RESULT OF GROSS
NEGLIGENCE, FOR ANY INJURY OR HARM CAUSED TO OR DISEASE CONTRACTED BY
YOU, RESULTING FROM THE TREATMENT OR THE USE OF TELEMEDICINE,
INCLUDING IN RESPECT OF THE PROCESSING AND DISCLOSURE OF YOUR
PERSONAL INFORMATION.
6 Promotions
6.1 From time to time, Kena may offer promotions. Information relating to these promotions
will be published on the Kena website.
6.2 Kena may, in its sole discretion, amend the terms and conditions concerning promotions at
any time, without notice, and such amendments shall be deemed to have taken effect from
the date of publication of the revised terms and conditions on the Kena website. The User
is responsible for ensuring their familiarity with any updates to the terms and conditions
and indicates their consent to the revised terms and conditions by continuing to use our
products and services.
6.3 Kena may, in its sole discretion, choose to cancel access to vouchers that provide the User with unlimited access to free consultations at any time, without notifying the User thereof.
7 Fair Use
7.1 Our Fair Use Policy is intended to ensure:
7.1.1 the availability of our Services to all eligible Customers; and
7.1.2 that the Services are not used in an unreasonable manner. Unreasonable is considered
where the use of the service:
7.1.2.1 is fraudulent;
7.1.2.2 involves non-ordinary use, including usage to harass, menace, or injure any person or
damage anything;
7.1.2.3 causes significant platform congestion, disruption or otherwise adversely affects other
Users fair access; or
7.1.2.4 where Healthcare Practitioners are exposed to abusive interactions.
7.2 If we consider your use of the services to be unreasonable, we may, at our sole discretion,
without telling you before we do so:
7.2.1 suspend or limit the service (or any feature of it) in accordance with our agreement with
you; and/or
7.2.2 terminate the service in accordance with our agreement with you.
8 Payment Obligations
8.1 You, as the User, acknowledge that you will be liable for the cost of the telemedicine
consultation with the healthcare professional, obtained by you, or your dependant, after
the Free Consultation Period defined in Clause 6 above.
8.2 The User, by selecting the method through which he or she wishes to pay appoints,
authorises and/or instructs, as the case may be, such person as his or her agent to give
effect to such payment, and, as such, remains responsible and liable for such payment to
Kena, hereby assuming the risk that payment will be duly and fully made to Kena.
8.3 The User acknowledges that:
8.3.1 They are responsible for ensuring that their chosen payment methods are valid and have
sufficient funds available to pay for a consultation at the time of payment.
8.3.2 When the User adds a new payment method we may charge that payment method
immediately to validate the payment method before we provide any Healthcare services.
This fee will be refunded or credited to the User.
8.3.3 All service costs quoted will be inclusive of VAT, applicable taxes or bank charges.
8.3.4 In the case that the User accesses our service from outside of South Africa, the service
costs quoted will not include local taxes, value added tax, or other fees that may apply in
the jurisdiction and the User will be liable for these fees.
8.3.5 The applicable service fees will be presented to you in the Kena app. We reserve the
right to change the service fees at any time, except for consultations that were
completed in the past.
8.3.6 In the case that we issue a refund for services, an admin or transaction fee may apply.
8.3.7 Regardless of the mode of access to the Kena Application, the User’s cell phone provider
may, depending on the type of contract the User has, charge the User for accessing the
Kena Application or for any usage thereof (such as data charges and SMS charges). Kena
cannot be held responsible for these charges.
8.4 The User agrees to carry his or her own costs relating to the infrastructure and/or running
costs associated with such service being rendered.
8.5 The User acknowledges that the User’s medical scheme, insurance or employee benefit
program may not cover the costs of the service and that the User undertakes to cover
any shortfall that his or her medical scheme does not cover. Kena will not submit any
claims for the User to any Funder on the User’s behalf.
8.6 You, as the User, agree that accounts in respect of services, medicines and products
obtained, which includes your personal information such as your diagnosis, may be
provided to the person responsible for payment.
9 Directing Marketing
9.1 If you are an existing User, we may process your Personal Information for the purpose of
directing marketing and providing you with information that may be beneficial to you in
respect to our products or services.
9.2 If you are not an existing User, and you provide separate consent for direct marketing, we
may send you such direct marketing.
9.3 By agreeing to this separate consent for direct marketing, you consent to receive direct
marketing of goods or services to be marketed by means of electronic communication
which goods and services include telemedicine marketing services and related products
and services.
9.4 The direct marketing will be conducted through email and text messages (SMSes) and in
App notifications.
9.4.1 This direct marketing is to be carried out by Kena, contactable at 087 250 2257 and
connect@kena.health, on whose behalf Saul Kornik, CEO signs.
9.5 You may opt-out of or unsubscribe from any direct marketing communications at any time
should you so elect. This may be done by contacting support@kena.health
10 Updates to personal information
10.1 You agree to ensure that the Personal Information which you provide to us is periodically
updated and that our records that relate to you are accurate.
10.2 In the event that your Personal Information changes, you bear the responsibility of
informing us so that we can update our records accordingly. You may notify us of such
changes a support@kena.health or 087 250 2257
11 Applicable law
11.1 These terms and conditions are governed by and in accordance with the law of South
Africa.
12 Whole agreement and variation to these terms and conditions
12.1 These terms and conditions compromise the whole agreement between Kena and yourself
for the provision of Kena’s telemedicine services.
12.2 We may revise or supplement these terms and conditions in our sole discretion from time
to time to reflect, for example, any changes in our business, the law, and the introduction
of any new technology.
12.3 We will publish the updated terms and conditions at https://app.kena.health/legal/terms
and they will also be available at our business premises.
12.4 Any revised version of the terms and conditions will be effective as of the date of posting
on our website, so you should always refer back to the website for the latest version.
12.5 Your continued use of our services and hosting of your electronic medical records
following the posting of a new version of the terms and conditions on our website will
constitute your acceptance of the updated terms. It is your responsibility to make sure that
you are satisfied with any changes before continuing to use our products and services.